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Pega GenAI Blueprint™ Agreement

This Pega GenAI Blueprint Agreement, together with any documents incorporated by reference (this “Agreement”), is a legal agreement between the Pega customer, prospect or partner organization on whose behalf you are acting (“you” and “yours”) and Pegasystems Inc. ("Pega"). This Agreement governs your access to, and use of, Pega Blueprint services (“Blueprint”). You should carefully read these terms prior to agreeing to them. Capitalized terms in this Agreement not immediately defined after use are otherwise defined in Section 7. This Agreement is effective on the earlier of the date that you electronically consent to a version of this Agreement and the date that you first access or use Blueprint (“Effective Date”). To the extent there is an inconsistency between this Agreement and any documents incorporated by reference, this document shall prevail.
  1. Licenses, Restrictions and Ownership:
    • You are licensed to access and use Blueprint for evaluation and development purposes. In using Blueprint, you may provide inputs to Blueprint (“Input”), and receive outputs from Blueprint, including but not limited to a structured workflow model, including data structures and other related information (a “Workflow”), an output file and a visualization of a Workflow or Workflows (collectively, and individually, “Output”). You may use Outputs to share and communicate re-imagined business processes and generate new Pega Platform applications.
    • You grant to Pega, its partners and agents working on behalf of Pega, a license to host, store, use, copy, execute, transmit and display Input and Output from your use of Blueprint, including Your Data and to log usage, telemetry, diagnostic data and content of prompts and responses in order to provide the Blueprint service. Pega will not use Your Data, Input or Output to train Pega GenAI models or to assist third parties in creating Inputs. Pega may, however, use your Business Contact Details in accordance with our Privacy Notice and the application purpose of Blueprint for internal business purposes.
    • Unless specifically authorized by law, you may not reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from Blueprint.
    • Pega retains all right, title and interest to Blueprint and any derivatives, modifications, enhancements, and any Background Materials, including all intellectual property rights. Blueprint is the proprietary property and Confidential Information of Pega. No rights are granted to you other than as expressly set forth in this Agreement. If you communicate any suggestions for improvements to Blueprint, Pegasystems will own all right, title, and interest in and to the same and shall be entitled to use the same without restriction.
    • Prompts and information provided by other users in their use of Blueprint may be similar to or the same as your Inputs and are not considered your Inputs.
    • Blueprint Output may not be unique and other users may receive similar content from Blueprint. Responses that are requested by, and generated for, other users are not considered your Output.
    • Blueprint will contain Pega’s copyright notice, and you will reproduce such notice in any permitted copy of the Output made by you. You shall not make any change, alteration or modification to Blueprint, except as permitted herein.
  2. Your Responsibilities. You will:
    • Use Blueprint and Outputs only in accordance with the terms of this Agreement, the applicable Documentation, and applicable laws and government regulations;
    • Not sell, resell, rent, outsource, timeshare, sublicense, demonstrate or otherwise provide access to or show Blueprint or Outputs to any third party (other than Pega authorized partners providing an Output to a Pega client or registered prospect, subject to the terms herein and on the Output file) without prior written permission of Pega;
    • Use Blueprint only with data, applications and/or systems that you own or have the rights to use;
    • Not use any actual data of your customers, PII, personal health information, other sensitive personal information or any information you are not authorized to use in Blueprint;
    • Comply with the Acceptable Use Policy, the Terms of Use, Privacy Notice and all applicable laws;
    • Obtain all necessary consents from, and provide all necessary notices to, your customers that are required in connection with your use of Generative AI and Business Contact Details; and
    • Not override any protections put in place by Pega.
  3. No Commitment. Use of Blueprint is not an offer or commitment by Pega and does not create any legal obligation for Pega, including to deliver any material, code, or functionality. The timing of the development and release of any features or functionality of Blueprint or other Pega products remains at Pega’s sole discretion.
  4. Warranties and Disclaimers and Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW: (I) BLUEPRINT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND; (II) PEGA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (III) PEGA DOES NOT WARRANT THAT BLUEPRINT IS ACCURATE, CURRENT, COMPLETE OR ERROR-FREE OR USE WILL BE UNINTERUPTED, OR THAT ANY ERRORS WILL BE CORRECTED.
    In no event will Pega be liable for any consequential, special, indirect, or punitive damages of any nature, lost profits, lost revenue, lost business opportunities, lost savings, loss of reputation, or loss of market capitalization, in each case whether direct or indirect, even if Pega was aware of such damages or losses. In no event will Pega be liable for direct damages in the aggregate for any amounts in excess of $5,000 USD (regardless of the type of damages, and whether for breach of contract, breach of warranty, tort or otherwise), and even if Pega has been advised of the possibility of such damages.
  5. Pega GenAI Terms and Conditions. Blueprint utilizes Pega GenAI and, therefore, the following terms apply to use of Blueprint.
    • Use of Pega GenAI. You acknowledge that, as of the Effective Date of this Agreement, Pega GenAI utilizes third party large language models (“LLM”). Your use of Pega GenAI shall comply at all times with the LLM Terms.
    • Third-Party Claims.
      • You understand and acknowledge that Pega GenAI may produce similar responses to similar prompts or queries from multiple individuals, and that rights in Outputs may not be enforceable against third-parties.
      • You are responsible for responding to any third-party claims regarding your use of Pega GenAI (including, but not limited to, copyright infringement or other claims relating to results of your use of Pega GenAI, including any breach of the terms of this Agreement).
      • must indemnify and defend Pega from and against any third-party claim that arises from (i) any Input, data (including Your Data), applications or systems you use with Blueprint which infringes or misappropriates any third-party intellectual property rights; or (ii) your use of Blueprint in contravention of the terms of this Agreement or any applicable laws.
    • Disclaimers and Limitations. You acknowledge that use of Pega GenAI may not be accurate, reliable, safe or beneficial. You shall evaluate the accuracy of any Outputs from Pega GenAI and validate, including by using human review, that such result is appropriate. You acknowledge that Pega GenAI may produce odd, incorrect, inaccurate, or unintended Outputs. You shall be fully responsible for utilizing any Outputs produced by Pega GenAI.
  6. Miscellaneous.
    • Pega may update the terms of this Agreement from time to time and continued use of Blueprint will be deemed to be your acceptance of the updated terms. This Agreement is the complete agreement between the parties regarding access and use of Blueprint. Any previous agreements and understandings between the parties regarding the subject matter of this Agreement, whether written or oral, are superseded by this Agreement.
    • Each party agrees that any Confidential Information of the other party is the exclusive proprietary property of such party or its licensors. Each party agrees to receive and hold any Confidential Information supplied by the other party in confidence and agrees not to disclose or publish any such Confidential Information to any third parties and not to use any such Confidential Information except for those purposes specifically authorized by the disclosing party and under this Agreement.
    • You may not assign or delegate any rights or obligations under this Agreement without Pega’s prior written consent.
    • Pega may terminate this Agreement at any time for any reason. Sections 1b – 1f and Sections 3-7 will survive the termination of this Agreement. Upon termination, you must not access Blueprint.
    • If any portion of this Agreement is declared by a court of competent jurisdiction to be overbroad or unenforceable, the remainder of this Agreement will be valid and enforceable to the fullest extent permitted.
    • This Agreement and all non-contractual obligations arising out of or in connection with this Agreement, are to be governed by the laws of Commonwealth of Massachusetts, United States of America, excluding its conflicts of laws provisions. If you are based in the European Union, United Kingdom, Singapore, New Zealand or Australia this preceding provision does not apply, and you may make a claim in the courts of the country where you reside.
  7. Definitions: As used in this agreement, the following terms are defined below.
    • “Acceptable Use Policy” means the then current policy as published at the following link as updated time to time: https://www.pega.com/acceptable-use.
    • “Background Materials” means processes, methods, software, templates, related documentation, designs and know-how which Pega creates independently of the services for you. Background Materials also include all tangible and intangible materials created by Pegasystems that generally apply to other Pegasystems customers, products or services and which do not include any of Your Confidential Information.
    • “Business Contact Details” means business contact information (the names, titles and roles, business phone numbers, business office and email addresses) of each party’s employees and contractors.
    • “Confidential Information” means all non-public information provided by or on behalf of a party to the other party related to the disclosing party’s business, including but not limited to Pega’s software and Documentation. Confidential Information shall not include information that (i) is in the public domain at the time of its disclosure; (ii) is disclosed with the prior written consent of the disclosing party; (iii) becomes known to the receiving party from a source other than the disclosing party, provided such source is legally entitled to have and disclose the information; or (iv) is independently developed by a receiving party without use of the Confidential Information of the disclosing party, as demonstrated by written records of such receiving party.
    • “Documentation” consists of user manuals for the software and Blueprint, which are made available on Pega.com or by on-line help.
    • “Generative AI” means artificial intelligence technology and algorithms that use generative models to generate text, code, or any other form of content in response to an Input or prompt.
    • “LLM Terms” means the terms published at the following links for the respective LLMs, as updated from time to time: Microsoft (Microsoft Terms), AWS (AWS Terms), Anthropic (Anthropic Terms) and Google (Google Gemini Terms and Google Gemini API Terms).
    • “Pega GenAI” refers to features and capabilities that utilize Generative AI and are made available by Pega as part of Blueprint.
    • “PII” means any information relating to any identified or identifiable natural person, or otherwise regulated under data privacy laws applicable to you or Pega.
    • “Privacy Notice” means Pega’s published privacy notice at the following link, as updated by from time to time: https://www.pega.com/privacy-and-security.
    • “Terms of Use” means the terms published at the following link, as updated time to time: https://www.pega.com/terms.
    • Your Data” means any information received from or on behalf of you that is stored, transferred, or processed by Blueprint. Your Data includes Business Contact Details.