The Pega Marketplace makes available for download standalone programs built using the Pega Platform and other components (each, an “Application”) that are sourced from independent third-party developers or providers (“Providers”). Use of the Applications may be governed by the terms of the Provider’s end user license agreement or other agreement applicable to each Application. Each Provider is solely responsible for its Application(s), including, without limitation, for (i) any and all content, services or subscriptions provided through or in connection with the Application, (ii) the development, installation, maintenance and support service, if applicable, and use of the Application, (iii) any and all warranties for the Application, whether express or implied by law, to the extent not effectively disclaimed in the applicable license agreement, or other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, and (iv) the investigation, defense, settlement and discharge of any liabilities or claims by you or any third party in any way related to the Application, including but not limited to, for product liability, personal injury or death, noncompliance with applicable law, rule or regulation and infringement or misappropriation of a third party’s intellectual property or other rights.
Disclaimer of Warranties
ALL APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PEGASYSTEMS DOES NOT WARRANT THAT THE APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE ACCURATE, CURRENT, COMPLETE, OR ERROR-FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION THAT PEGASYSTEMS PROVIDES THROUGH THE PEGA MARKETPLACE. YOUR USE OF THE PEGA MARKETPLACE, INCLUDING APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE, IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PEGASYSTEMS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA MARKETPLACE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The following additional terms are applicable to the Marketplace Listing COVID-19 Employee Safety and Business Continuity Tracker.
Beginning on the date of your download and provided that your organization is a current client of Pegasystems, Pegasystems will provide your organization with a non-transferable, non-exclusive license to use, access and modify the downloaded application or RuleSet provided through the Pega Marketplace (the “Software”) for the term specified below and for the following purpose:
- For the Pega COVID-19 RuleSet, solely for the purpose of tracking your organization’s employees’ potential exposure to COVID-19 in accordance with these terms (the “Purpose”).
- For any other Software, solely for the purpose described in a separate software license agreement, online or otherwise, under which you have been granted a license to such software products by Pegasystems.
If your organization is part of a state or the federal government then the Software is included in your existing license or subscription for the Purpose and for the term specified in the Additional Terms and Conditions.
- By accessing or using the Software, you acknowledge that you understand and agree to be bound by these terms and to comply with all applicable laws and regulations when using the Software and you have authority to agree to these terms on behalf of your organization.
- Client is solely responsible for obtaining any consents from individuals where required by applicable data protection laws and for complying with any applicable incident notification laws.
- You are responsible for the use of your application, and your use of the application is not a representation by Pegasystems regarding the application’s compliance with any law or regulation.
- Each party may store, access, and process the other party’s business contact information for the purpose of performing any obligations under these terms and may share the other party’s business contact information as necessary with its contractors, partners, or agents.
- Use of this Software does not obligate the user to make any future purchases or payments to Pegasystems. Pegasystems appreciates any input regarding use or increased functionality of the Software.
Additional Terms and Conditions.
- The Software is provided at no additional charge on an as-is basis.
- Client’s use of the Software will be in object code and/or RuleSet form. Unless specifically authorized by law, Client may not reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from the Software.
- Pegasystems retains all right, title and interest to the Software. The Software will contain Pegasystems’ copyright notice, and Client will reproduce such notice in any permitted copy made by Client. Client shall not make any change, alteration or modification to the Software, except as permitted herein.
- PEGASYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT WILL PEGASYSTEMS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE. PEGASYSTEMS’ TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO $1,000.
- Client shall defend, indemnify and hold harmless Pegasystems and its affiliates and subprocessors against any third party claim, suit or proceeding arising out of or related to Client’s alleged or actual use of, misuse of, or failure to use the Software, including without limitation (i) claims by Client’s users, subscribers and employees, as well as by Client’s own customers, and (ii) claims related to unauthorized disclosure or exposure of personally identifiable information, private health information or other private information (collectively, any “Indemnified Claim”).
- Client may not assign or delegate any rights or obligations under these terms without Pegasystems’ prior written consent.
- The term of this license will commence upon the date that you download the Software and continue until December 31, 2020. The term will automatically renew for periods of three months each unless either party provides written notice (which may be via email) to the other party at least 15 days prior to the end of the then current term. Upon termination, your license to the Software will terminate, and you agree to cease all use of the Software.
- Pegasystems may terminate this license at any time for no reason or any reason.
- Neither a failure of a party to exercise any power or right under these terms, nor a custom or practice of the parties with regard to the terms or performance under these terms, will constitute a waiver of the rights of such party to demand full compliance with these terms.
- The export and re-export of the Software and any Pegasystems technology is subject to export controls under the laws and regulations of the United States. The export and re-export of the Software and any Pegasystems technology may also be subject to export and import controls under the laws and regulations of other countries. Client agrees, at all times, to comply fully with these controls, laws and regulations. Client also agrees not to export, re-export, transport or otherwise make available the Software and any Pegasystems technology to any party, country or territory that is the target of United States sanctions, including Cuba, Iran, Syria, North Korea, and the Crimea region.
- These terms constitute the entire understanding of the parties with respect to the Software and supersedes all previous agreements, statements and understandings from or between the parties regarding the subject matter of these terms. These will not be modified except in a writing signed by an authorized representative of Pegasystems.
- If any portion of these terms are declared by a court of competent jurisdiction to be overbroad or unenforceable, the remainder of these terms will be valid and enforceable to the fullest extent permitted.
- These terms will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws provisions.
By accessing or using the Software, you acknowledge that (1) you understand and agree to be bound by these terms and to comply with all applicable laws and regulations when using the Software; (2) your organization is a current client of Pegasystems with a current and valid Master Agreement in place; and (3) you have authority to agree to these terms on behalf of your organization.
The COVID-19 Employee Safety and Business Continuity Tracker app was built as an accelerator that you can download and configure to use as-is, or modify based on the unique needs of your business. Organizations can use it to:
- Enable employees to notify their employer of their health status
- Take action as each employee’s status changes
- Manage employee availability for on-site or remote work
- Track how many employees have been exposed to the COVID-19 virus, tested, or self-quarantined
- Help healthy employees reenter the workforce
Clients can quickly configure the Pega app and integrate it with existing systems, including HR and scheduling, to perform additional functions such as:
- Identifying other employees who might have been exposed to an infected worker based on their meeting schedule or offices visited
- Continuity planning to maintain ongoing work with unaffected staff
- Alerting other departments who need to take action on building access, scheduling, and communication
With an intuitive visual approach, the Pega Platform development environment enables professional and citizen developers alike to configure software faster, more accurately, and at less cost. It also leverages intelligent automation, case management, AI, and robotics to drive business processes and customer journeys from end to end. Pega unifies these back-end processes with its customer engagement applications on the front end to empower businesses to provide superior customer experiences on any channel.