Quest Software Generative AI Terms of Use

Quest does not use your data for the purposes of training or developing any AI Technology, but some Quest products include AI Technology features for your use. As explained in more detail below, these Generative AI Terms of Use (the “AI Terms”) govern your access to and use of any Quest AI Technology. For the purposes of these AI Terms, “AI Technology” means any feature, functionality, or component that includes or utilizes machine learning or deep learning (including large language models).

1. Master Agreement. Subject to Section 1(a), while your use of any Quest AI Technology is subject to your agreement with these AI Terms, your use of any Software or AI Technology offered by Quest—including any Software that features AI Technology—is also governed by the terms and conditions you entered into with Quest in connection with your procurement of those products (together with any other agreements or documents incorporated into or appended to those terms and conditions, the “Master Agreement”). Unless otherwise agreed between you and Quest in writing, the Master Agreement includes Quest’s applicable Software Transaction Agreement, which you can access from https://www.quest.com/legal/sta.aspx (the “STA”). In the event of a conflict between the Master Agreement and these AI Terms, the AI Terms shall control solely with respect to the subject matter contained herein. Capitalized terms not otherwise defined in these AI Terms shall have the meanings set forth in the Master Agreement.
   1. Third-Party AI Features. Certain Quest Software products provide access or contain links to third-party AI Technologies (such as Microsoft CoPilot or OpenAI) (“Third-Party AI Features”) that are not owned or controlled by Quest, and certain functionalities of Software or Quest AI Technology may require use of Third-Party AI Features. Your access to and use of any Third-Party AI Feature is subject to and governed by any applicable third-party documentation or terms (“Third-Party Terms”), and you agree to abide by these Third-Party Terms. Notwithstanding anything in Section 1 hereof to the contrary, your access to and use of any Third-Party AI Feature is governed solely by the Third-Party AI Terms, and you acknowledge and agree that Quest is not liable or responsible for your use of any Third-Party AI Features. You are solely responsible for complying with any applicable laws and regulations related to your use of the Third-Party AI Features. You expressly release Quest from any and all liability arising from your access to and use of any Third-Party AI Features.
2. Data. You agree not to use Quest’s AI Technologies to process (i) personal data (as that term is defined by relevant law), (ii) health information protected by the Health Insurance Portability and Accountability Act (HIPAA) or other regulations that govern the use of health data, (ii) “cardholder data” as defined under the Payment Card Industry Data Security Standard (PCI DSS); (iii) “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act (GLBA); or (iv) other sensitive data (collectively, “Sensitive Data”). You acknowledge and agree that you are responsible for any such inclusion or use. Any data you submit or include in connection with your use of Quest AI Technologies may be processed by subprocessors as set forth in the Master Agreement.
3. Compliance and Law. You acknowledge that the legal framework(s) applicable to the use of AI Technology may change. Quest may, at any time and at its sole discretion, limit, modify or discontinue any of its AI Technologies as it believes may be necessary to comply with applicable law. You are responsible for ensuring your compliance with all applicable laws and regulations, including without limitation laws and regulations governing privacy and data security, in connection with your Use of any AI Technology.
4. Outputs You understand and agree that content generated by Quest’s AI Technologies (each instance of such content being an “Output”) has not been verified, endorsed, guaranteed or tested by Quest, including in production environments. You further acknowledge that any such Output may not be accurate, unique, complete, or current and is provided to you ‘as is’ without any warranties whether express, implied or otherwise. Your reliance on each Output is at your sole discretion, and you agree that you will independently review and verify all Outputs for correctness before relying on them. Subject to your compliance with these AI Terms and the Master Agreement, you may use Output generated by your use of Quest AI Technology for any lawful purpose (except as described below), on a royalty-free basis, provided that you acknowledge and agree that your use of the Output does not transfer to you ownership of any intellectual property rights (including without limitation with respect to Quest’s software).
5. Access and Use. Regardless of any terms in the Master Agreement to the contrary, any service levels or credits negotiated between you and Quest are not applicable to Quest AI Technologies. Quest has the right to limit or suspend your access to its AI Technologies if Quest believes, in its discretion, that the continued use of any AI Technology may result in harm to the Software, other Quest customers, or the rights of third parties. If circumstances allow and if reasonably practicable, Quest will give you notice of any such suspension or limitation so that you may seek to promptly resolve the relevant issue and avoid suspension. You agree to cooperate with Quest’s reasonable requests for assistance in investigating the AI Technologies, security issues, or any suspected breach of these AI Terms.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE MASTER AGREEMENT OR ANY OTHER AGREEMENT YOU HAVE WITH QUEST, THE AI TECHNOLOGIES ARE PROVIDED “AS IS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THEM, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, INTEROPERABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND ANY WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE. QUEST DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF ANY AI TECHNOLOGY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE MASTER AGREEMENT OR ANY OTHER AGREEMENT YOU HAVE WITH US, QUEST’S MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY FOR DAMAGES ARISING FROM YOUR USE OF ANY QUEST AI TECHNOLOGY, WHETHER ARISING IN OR FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, BREACH OF APPLICABLE LAW OR OTHERWISE, SHALL BE $100 UNITED STATES DOLLARS.

Last updated March 2025.