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.