The Pega Exchange 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 EXCHANGE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. ALL APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA EXCHANGE 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 EXCHANGE 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 EXCHANGE 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 EXCHANGE. YOUR USE OF THE PEGA EXCHANGE, INCLUDING APPLICATIONS AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE PEGA EXCHANGE, 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 EXCHANGE. 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.
Revision Date: June 3, 2016