

Pegasystems' Developer License for PegaRULES Process Commander 

IMPORTANT-READ CAREFULLY: Until you or your company have a signed written 
Software License Agreement with Pegasystems Inc. ("Pegasystems") covering the 
Use of the PegaRULES Process Commander Software ("Software"), the terms of 
this license agreement shall govern your Use of the Software.  If you or your 
company have signed a written Software License Agreement with Pegasystems 
covering the Use of the Software, the terms of the signed license agreement 
shall take precedence over any conflicting terms of this Agreement.  This 
PegaRULES Process Commander Software License Agreement ("License Agreement") 
is a binding agreement between you and Pegasystems for the use of the 
Software identified above, or any component thereof, which includes computer 
software and may include associated media, printed materials, and "online" or 
electronic documentation.  Your use, distribution, or installation of the 
Software indicates your acceptance of this agreement. BY INSTALLING, COPYING, 
OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS 
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE 
AGREEMENT, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

The Software is owned by Pegasystems or its suppliers and is protected by 
copyright and other laws.  THE SOFTWARE IS LICENSED, NOT PURCHASED. 

1. GRANT OF LICENSE. BY CLICKING ACCEPT BELOW,  EVIDENCING YOUR ACCEPTANCE OF 
THIS LICENSE AGREEMENT, PEGASYSTEMS GRANTS YOU A LIMITED, NON-TRANSFERABLE, 
NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE, IN OBJECT CODE ONLY, AS FOLLOWS:  
 
Provided that you comply with all terms and conditions of this License 
Agreement, Pegasystems grants to you the following rights under this License 
Agreement.  The Software is licensed solely for development purposes.  In 
addition, you are permitted to use the Software on one server solely for the 
purposes of developing, testing and demonstrating applications. Production 
use of this Software is NOT granted by this License Agreement. 

(a) Solely for purposes of your use of the Software as authorized under this 
License, you may permit an unlimited number of authorized devices to access 
it for the purposes of testing an application under development.  Deployment 
licenses, for any other purpose (including, without limitation, usage in a 
general production environment) must be obtained from Pegasystems.

(b) TERM - YOUR RIGHT TO USE THE SOFTWARE UNDER THIS LICENSE SHALL BE 
EFFECTIVE FROM THE DATE YOU FIRST INSTALL ANY PORTION OF THE SOFTWARE ON ANY 
DEVICE FOR A PERIOD OF NINETY (90) DAYS, AFTER WHICH TIME THE SOFTWARE AND 
ANY COPIES MUST BE UNINSTALLED AND RETURNED TO PEGASYSTEMS. If you desire to 
use the Software after this Term, you will need to execute a written License 
Agreement with Pegasystems. 

(c) All rights not expressly granted are reserved by Pegasystems.

2. ADDITIONAL LIMITATIONS. You may not reverse engineer, decompile, or 
disassemble the Software. You may not rent, lease, lend, or transfer the 
Software. 

3. INTELLECTUAL PROPERTY RIGHTS. All ownership, title and intellectual 
property rights in and to the Software both existing object and all generated 
code (including but not limited to any images, photographs, animations, 
video, audio, text and "applets" incorporated into the Software), and any 
copies you are permitted to make herein are owned by Pegasystems or its 
suppliers. All ownership, title and intellectual property rights in and to 
the content which may be accessed through use of the Software is the property 
of the respective content owner and may be protected by applicable copyright 
or other intellectual property laws and treaties. This License grants you no 
rights to use such content. For each copy of the Software you are authorized 
to use above, you may also reproduce one additional copy of the Software 
solely for archival or restoration purposes.

4. U.S. GOVERNMENT RESTRICTED RIGHTS. All Software provided to the U.S. 
Government pursuant to solicitations issued on or after December 1, 1995 is 
provided with the commercial rights and restrictions described elsewhere 
herein. All SOFTWARE provided to the U.S. Government pursuant to 
solicitations issued prior to December 1, 1995 is provided with RESTRICTED 
RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 
252.227-7013 (OCT 1988), as applicable. 

5. EXPORT RESTRICTIONS. You acknowledge that Software is of U.S. origin. You 
agree to comply with all applicable international and national laws that 
apply to the Software, including the U.S. Export Administration Regulations, 
as well as end-user, end-use and destination restrictions issued by U.S. and 
other governments. 

6. APPLICABLE LAW. This License is governed by the laws of the Commonwealth 
of Massachusetts. 

7. QUESTIONS. Should you have any questions concerning this License, or if 
you desire to contact Pegasystems for any reason, please contact
Pegasystems Inc., One Rogers Street Cambridge, MA 02142-1209, USA.  
617-374-9600 or on the Web at http://www.pega.com.

8. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable 
law, Pegasystems and its suppliers provide the Software AS IS, and hereby 
disclaim all warranties and conditions, either express, implied or statutory, 
including, but not limited to, any (if any) implied warranties or conditions 
of merchantability, of fitness for a particular purpose, of lack of viruses, 
of accuracy or completeness of responses, of results, and of lack of 
negligence or lack of workmanlike effort. ALSO, THERE IS NO WARRANTY OR 
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO 
DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK 
AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE 
REMAINS WITH YOU.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE 
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEGASYSTEMS OR 
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR 
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR 
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS 
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET 
ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND 
FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY 
WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE 
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT 
OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF 
CONTRACT OR BREACH OF WARRANTY OF PEGASYSTEMS OR ANY SUPPLIER, AND EVEN IF 
PEGASYSTEMS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES. 

10. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT 
YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL 
DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), PEGASYSTEMS 
AGGREGATE LIABILITY FOR ALL MATTERS ARISING FROM, OR IN CONNECTION WITH THIS 
AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE 
GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR $10.00 EVEN IF 
THAT PARTY HAS BEEN ADVISED ABOUT OR SHOULD HAVE BEEN AWARE OF THE 
POSSIBILITY OF SUCH DAMAGES. 
