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- Unreal® Engine End User License Agreement
- Please read this Agreement carefully before downloading this software. It is a legal document
- that explains your rights and obligations related to your use of the Unreal® Engine. By
- downloading or using this software, you are agreeing to be bound by the terms of this
- Agreement. If you do not or cannot agree to the terms of this Agreement, please do not
- download or use this software.
- Certain words or phrases are defined to have certain meanings when used in this Agreement.
- Those words and phrases are defined below in Section 24.
- If your primary residence (or primary place of business, if you are a legal entity like a
- corporation or an academic institution) is in the United States of America, your agreement is
- with Epic Games, Inc. If it is not in the United States of America, your agreement is with Epic
- Games International S.à r.l., acting through its Swiss branch.
- 1. License Grant
- Epic grants you a non-exclusive, non-transferable, non-sublicensable (except as described in this
- Agreement) license to use, reproduce, display, perform, and modify the Licensed Technology for
- any lawful purpose (the ?License?). However, the rights that Epic grants you under the License
- are subject to the terms of this Agreement, and you may only make use of the License if you
- comply with all applicable terms.
- The License becomes effective on the date you accept this Agreement or download the Engine
- Code or any Assets. The License does not grant you any title or ownership in the Licensed
- Technology.
- Restrictions on Distribution and Sublicensing
- You may not Distribute any Licensed Technology except as follows:
- a. Distribution to end users - You may Distribute Engine Code licensed to you under
- this Agreement (including as modified by you under the License) incorporated in
- object code format as an inseparable part of a Product to end users who are subject to
- an end user license agreement which explicitly disclaims any representations,
- warranties, conditions, and liabilities related to the Licensed Technology. However,
- the Product may not consist of or contain any Engine Tools nor provide functionality
- allowing the creation of standalone products utilizing the Licensed Technology; and
- b. Distribution to other licensees - You may Distribute Engine Code licensed to you
- under this Agreement (including as modified by you under the License) in Source
- Code or object code format, or any Asset provided to you without additional charge
- by Epic, to an Engine Licensee who has rights under its license to the same Version
- of the Engine Code or Asset that you are Distributing.
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- You may not sublicense any Licensed Technology in Source Code format. You may not
- sublicense any Licensed Technology in object code format except to grant end users the ability
- to use, or to permit your publishers and distributors to market and Distribute, a Product that you
- Distribute as permitted in Section 1(a) above.
- When you Distribute a Product to end users, you must provide Epic with advance notification at
- unrealengine.com/release, as early as reasonably possible, including the name of the Product, the
- format of distribution, unique Product id (where applicable), and the distribution channel(s).
- You may not combine, Distribute, or otherwise use the Licensed Technology with any code or
- other content which is covered by a license that would directly or indirectly require that all or
- part of the Licensed Technology be governed under any terms other than those of this
- Agreement. Code or content under the following licenses, for example, are prohibited: GNU
- General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking
- a shared library), or Creative Commons Attribution-ShareAlike License. Code or content under
- the following licenses, for example, are allowed: BSD License, MIT License, Microsoft Public
- License, or Apache License.
- Other Restrictions
- You may not engage in any activity with respect to the Licensed Technology, including as
- incorporated into a Product, (1) for any gambling-related activities or Products; (2) for operation
- of nuclear facilities, aircraft navigation, aircraft communication systems or air traffic control
- machines, or for military use; (3) in violation of any applicable law or regulation; (4) in which
- the Licensed Technology is rented or leased; (5) that misappropriates any of Epic?s other
- products or services; (6) in support of a claim by you or any third party that the Licensed
- Technology infringes a patent. You also may not sell or grant a security interest in any Licensed
- Technology.
- 2. User License
- The Licensed Technology is licensed to you for use by a single User. The User may store the
- Licensed Technology on any of the User?s computers, but the Licensed Technology cannot be
- shared with others (including any other employees or agents) except through a permitted
- Distribution as described above.
- In order to access and download the Engine Code and Assets, you must set up an Account. You
- may not share or allow others to use your Account. You are responsible for the security of your
- Account. For questions regarding your Account, please go to unrealengine.com/contact.
- Under the License, the User may use the Licensed Technology for as long as you comply with
- this Agreement. If you are a legal entity, references to ?you? in this agreement also apply to the
- User in all cases. You are responsible for the User?s compliance with this Agreement.
- If you are an Academic Institution, the limitation to use by a single User does not apply. Instead,
- you may store the Licensed Technology on any of your computers, and you may allow all users
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- of those computers to use the Licensed Technology under the License. However, those users are
- not authorized under your License to Distribute any Licensed Technology (including as
- incorporated in a Product) unless they obtain a Subscription and License of their own.
- 3. Subscription
- When you set up your Account, you will be enrolled in a Subscription for the period that you
- select at the time that you activate the License (the ?Subscription Period?). Your Subscription
- will automatically renew at the end of each Subscription Period. With your Subscription, you
- will be entitled to access future Versions of the Engine Code and future Assets that Epic chooses
- to make available. Epic does not have any obligation to make new Versions or future Assets
- available. However, any Versions of the Engine Code and future Assets that Epic does make
- available to you as part of your Subscription are considered part of the Licensed Technology and
- may be used under the License.
- At the time of activation of the License, you will also select a non-refundable subscription fee
- (the ?Subscription Fee?). You agree to pay the Subscription Fee for each Subscription Period in
- advance unless you or Epic have previously cancelled your Subscription.
- You acknowledge that Epic may process payments automatically (e.g., through charge to a credit
- card account that you provide). When you provide payment information to Epic or its authorized
- processor, you represent to Epic that you are the authorized user of the card, PIN, key, or account
- associated with that payment, and you authorize Epic to charge your credit card or process your
- payment with the authorized processor for any Subscription Fees.
- The Subscription may be cancelled by you at any time at unrealengine.com/dashboard. Epic
- may cancel your Subscription if it generally discontinues offering Subscriptions. Cancellation of
- your Subscription will be effective at the end of the current Subscription Period for which you
- have paid the Subscription Fee. After cancellation of your Subscription by either you or Epic,
- you will not be entitled to access or use future Versions of the Engine Code or future Assets that
- Epic makes available under the License. However, cancellation of your Subscription will not
- affect your rights under the License with respect to any Licensed Technology you have already
- downloaded under the License.
- For questions about your Subscription, please go to unrealengine.com/contact.
- 4. Royalty
- You agree to pay Epic a royalty equal to 5% of all worldwide gross revenue actually attributable
- to each Product, regardless of whether such revenue is received by you or any other person or
- legal entity, as follows:
- a. Gross revenue resulting from any and all sales of a Product to end users through any
- and all media, including but not limited to digital and retail;
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- b. Gross revenue resulting from any and all in-app purchases, downloadable content,
- microtransactions, subscriptions, or redemption of virtual currency, either within a
- Product or made externally but which directly affect the operation of the Product;
- c. Gross revenue from any Kickstarter or other crowdfunding campaign which is
- directly associated with Product access or in-Product benefit (e.g., in a multi-tiered
- campaign, if an amount is established in an early tier solely for Product access, your
- royalty obligation will apply to that amount for each backer with the same access, but
- not on additional amounts in higher tiers based on ancillary benefits);
- d. Your revenue from in-app advertising and affiliate programs;
- e. Revenue from advance payments for a Product (from a publisher or otherwise); and
- f. Revenue in any other form actually attributable to a Product (unless excluded below).
- However, no royalty is owed on the following forms of revenue:
- 1. Revenue from linear media which is distributed in a form that does not contain the
- Licensed Technology (e.g., broadcast or streamed video files, cartoons, or movies);
- 2. Revenue from ancillary products which are not software and which do not contain
- embedded information (such as QR codes) which affects the operation of the Product
- (e.g., comic books, soundtracks, apparel);
- 3. Revenue from interactive amusement park rides or coin-operated arcade games which
- use the Licensed Technology; and
- 4. Consulting fees or work-for-hire fees which are non-recoupable for services
- performed using the Licensed Technology (e.g., an architect-created walkthrough
- simulation or a contractor-developed in-house training simulator).
- The royalty is based on gross revenue from end users, regardless of whether you sell your
- Product to end users directly, self-publish via App Store, or work with a publisher. The
- following simplified example illustrates the application of the royalty to gross sales: if your
- Product earns $10 on the App Store, Apple may pay you $7 (having deducted 30% as a
- distribution fee), but your royalty to Epic would still be 5% of $10 (or $0.50).
- Royalties that you pay on an advance payment of revenue for a Product that is recoupable by the
- payer, such as a publisher, may be credited against future royalty payments that you incur under
- this Agreement for that Product.
- Within 45 days after the end of each calendar quarter, you will pay to Epic the full amount of the
- royalty due for such quarter and send Epic a royalty report on a per Product basis. Detailed
- information on royalty reporting and payment can be found at unrealengine.com/release.
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- The royalty will be payable under this Agreement with respect to each Product for as long as any
- Engine Code (including as modified by you under the License) or Assets incorporated in the
- Product are protected under copyright or other applicable intellectual property law.
- 5. Payments
- Epic reserves the right to charge a 2% late fee, per calendar quarter (compounding), for any
- amounts unpaid after the required due date.
- You are responsible for all taxes on all payments required to be made by you under this
- Agreement (other than taxes that Epic is obligated to pay on its income, which are Epic?s
- responsibility). If you are required by a government agency to reduce your payment to Epic for
- any reason, you are required to provide sufficient documentation to Epic supporting such
- withholding. For questions about withholding taxes or taxes in general, please go to
- unrealengine.com/contact.
- 6. Records and Audits
- You agree to keep accurate books and records related to your development, manufacture,
- Distribution, and sale of Products and revenue. Epic may conduct reasonable audits of your
- records. Audits will be conducted during business hours on reasonable prior notice to you. Epic
- will bear the costs of audits unless the results show a shortfall in payments in excess of 5%
- during the period audited, in which case you will be responsible for the cost of the audit.
- 7. Support
- Epic does not have any support obligations with respect to the Licensed Technology. Support
- resources may be obtained at unrealengine.com/support.
- 8. Feedback and Submissions
- If you provide Epic with any Feedback, Epic is free to use the Feedback however it chooses. If
- you make any Submission available to Epic, you hereby assign to Epic all right, title, and interest
- (including all copyright, patent, and other intellectual property rights) in that Submission for all
- current and future methods and forms of exploitation in any country. If any such rights may not
- be assigned under applicable law, you hereby grant Epic a non-exclusive, fully-paid, irrevocable,
- transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display,
- make, use, have made, sell, offer to sell, import, modify and make derivative works based on,
- and otherwise exploit that Submission for all current and future methods and forms of
- exploitation in any country. If any such rights may not be assigned or licensed under applicable
- law (such as moral and other personal rights), you hereby waive and agree not to assert all such
- rights. However, you may continue to freely use any Feedback that you provide to Epic, and you
- may continue to use, in any way consistent with the License, any Submission that you make
- available to Epic.
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- You understand and agree that Epic is not required to make any use of any Feedback or
- Submission that you provide. You agree that if Epic makes use of your Feedback or Submission,
- Epic is not required to credit or compensate you for your contribution.
- You represent and warrant that you have sufficient rights in any Feedback or Submission that
- you provide to Epic to grant Epic and other affected parties the rights described above. This
- includes but is not limited to intellectual property rights and other proprietary or personal rights.
- 9. Third Party Software
- The Engine Code includes Third Party Software components. If Third Party Software has
- separate software license or attribution requirements, the license terms or other attribution
- requirements for Third Party Software components can be found in the installation directory for
- each engine version (under the /Engine/Source/ThirdParty/Licenses sub-folder). By entering
- into this License and using such Third Party Software, you are accepting the terms of such
- licenses. In such case, the Third Party Software terms will govern your use of the Third Party
- Software, and will take precedence over the terms of the License for the Third Party Software.
- You agree that the owners of the Third Party Software are intended third party beneficiaries to
- this Agreement in relation to your uses of Third Party Software.
- 10. Ownership
- Epic owns all title, ownership rights, and intellectual property rights in the Engine Code and
- Assets. You own all rights in the Products you develop under the License, other than the Engine
- Code and Assets, Third Party Software, and any Submissions. All rights granted to you under
- this Agreement are granted by express license only. No other license rights shall be created
- hereunder by implication, estoppel, or otherwise.
- 11. Proprietary Notices
- You agree to retain and reproduce in all copies of Licensed Technology the copyright,
- trademark, and other proprietary notices and disclaimers of Epic and third parties as they appear
- in the Engine Code and the Assets.
- 12. Attribution
- You agree to place the following notices in the credits for any Product (replacing xxxx with the
- current year):
- ?[Product name] uses the Unreal® Engine. Unreal® is a trademark or registered trademark of
- Epic Games, Inc. in the United States of America and elsewhere?
- ?Unreal® Engine, Copyright 1998 ? xxxx, Epic Games, Inc. All rights reserved.?
- No other license or right in the Epic Trademarks is granted under this Agreement. All use of the
- Epic Trademarks will inure to the sole benefit of Epic. You agree not to engage in any activity
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- that could tarnish, dilute, or affect the validity or enforceability of the Epic Trademarks or cause
- consumer confusion or diminish any goodwill relating to any Epic Trademarks. If you wish to
- make further use of the Epic Trademarks, please go to unrealengine.com/contact.
- Epic may use your trademarks, service marks, trade names, and logos used with any Product, as
- well as publicly released screen shots and video content from the Product, in connection with
- Epic?s marketing, advertisement, and promotion of the Unreal® Engine in any and all media
- without restriction.
- 13. Disclaimers and Limitation of Liability
- The Licensed Technology and all other materials and information provided by Epic (the
- ?Epic Materials?) are provided on an ?as is? and ?as available? basis, ?with all faults? and
- without warranty of any kind. Epic and its affiliates disclaim all warranties, conditions,
- common law duties, and representations (express, implied, oral, and written) with respect
- to the Epic Materials, including without limitation all express, implied, and statutory
- warranties and conditions of any kind, such as title, non-interference with your enjoyment,
- authority, non-infringement, merchantability, fitness or suitability for any purpose
- (whether or not Epic knows or has reason to know of any such purpose), system integration,
- accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence,
- and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the
- trade, or by course of dealing. Without limiting the generality of the foregoing, Epic and
- its affiliates make no warranty that (1) any of the Epic Materials will operate properly,
- including as integrated in any Product, (2) that the Epic Materials will meet your
- requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free,
- or error free in any or all circumstances, (4) that any defects in the Epic Materials can or
- will be corrected, (5) that the Epic Materials are or will be in compliance with a platform
- manufacturer?s rules or requirements, or (6) that a platform manufacturer will approve
- any of your Products, or will not revoke approval of any Product for any or no reason.
- Any warranty against infringement that may be provided in Section 2-312 of the Uniform
- Commercial Code or in any other comparable statute is expressly disclaimed. Epic and its
- affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or
- access to the Epic Materials. This paragraph will apply to the maximum extent permitted
- by applicable law.
- To the maximum extent permitted by applicable law, neither Epic, its licensors, nor its or
- their affiliates, nor any of Epic?s service providers, shall be liable in any way for loss or
- damage of any kind resulting from the use or inability to use the Epic Materials or
- otherwise in connection with this Agreement, including but not limited to loss of goodwill,
- work stoppage, computer failure or malfunction, or any and all other commercial damages
- or losses. In no event will Epic, its licensors, nor its or their affiliates, nor any of Epic?s
- service providers be liable for any loss of profits or any indirect, incidental, consequential,
- special, punitive, or exemplary damages, or any other damages arising out of or in
- connection with this Agreement or the Epic Materials, or the delay or inability to use or
- lack of functionality of the Epic Materials, even in the event of Epic?s or its affiliates? fault,
- tort (including negligence), strict liability, indemnity, product liability, breach of contract,
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- breach of warranty, or otherwise and even if Epic or its affiliates have been advised of the
- possibility of such damages. These limitations and exclusions regarding damages apply
- even if any remedy fails to provide adequate compensation.
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability
- for consequential or incidental damages, in such states or jurisdictions, the liability of Epic,
- its licensors, its and their affiliates, and any of Epic?s service providers shall be limited to
- the full extent permitted by law.
- 14. Indemnity
- You agree to indemnify, pay the defense costs of, and hold Epic, its licensors, its and their
- affiliates, and its and their employees, officers, directors, agents, contractors and other
- representatives harmless from all claims, demands, actions, losses, liabilities, and expenses
- (including attorneys? fees, costs, and expert witnesses? fees) that arise from or in connection with
- (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by
- you, (b) any claim brought by any third party to whom you Distribute or sublicense the Licensed
- Technology in violation of this Agreement (including without limitation any claim that the
- Licensed Technology infringes a patent), (c) any claim that any Product or any other matter you
- created, or your exercise of the License, infringes any third party?s intellectual property rights
- and other proprietary or personal rights (except to the extent of any claim that your authorized
- use of unmodified Engine Code or Assets originally provided to you by Epic under this
- Agreement infringes any United States patent, trademark or copyright), or (d) any federal, state,
- or foreign civil or criminal actions related to any Product. You agree to reimburse Epic on
- demand for any defense costs incurred by Epic and any payments made or loss suffered by Epic,
- whether in a court judgment or settlement, based on any matter covered by this Section 14.
- If you are prohibited by law from entering into the indemnification obligation above, then you
- assume, to the extent permitted by law, all liability for all claims, demands, actions, losses,
- liabilities, and expenses (including attorneys? fees, costs and expert witnesses? fees) that are the
- stated subject matter of the indemnification obligation above.
- 15. Export Restrictions
- You agree to comply with all applicable federal and foreign laws, regulations and rules, and
- complete any required undertakings (including obtaining any necessary export license or other
- governmental approval), prior to accessing, exporting, re-exporting, or releasing any Licensed
- Technology.
- 16. Term and Termination
- A. Term of the License. This Agreement will continue in effect unless terminated as described
- below.
- B. Termination by Epic. Epic may terminate the Agreement by providing written notice if you
- materially breach any provision of this Agreement and the breach is not curable or, if it is
- 8
- curable, you fail to cure the breach within thirty (30) days of notice of the breach from Epic.
- Without limiting the foregoing, your failure to make any payment due under this Agreement or
- breach of any restriction under the License constitutes a material breach of this Agreement.
- C. Termination for Patent Action. The Agreement will terminate automatically as of the date
- you commence any claim that the Licensed Technology infringes a patent, or otherwise support
- any claim by a third party that the Licensed Technology infringes a patent.
- D. Effect of Termination. Upon any termination, the License will automatically terminate, you
- may no longer exercise any of the rights granted to you by the License, and you must destroy all
- copies of the Licensed Technology in your possession and cease distributing any Products
- developed under this Agreement. Within 30 days of termination, unless otherwise agreed by
- Epic, you must destroy all Products in your inventory.
- E. No Refunds
- All payments, fees and royalties are non-refundable under all circumstances, regardless of
- whether or not this Agreement has been terminated.
- F. Surviving Provisions
- Sections 4-6, 8-10, 13, 14, 16-18, and 22-25 will survive termination of this Agreement.
- 17. Governing Law and Jurisdiction
- You agree that this Agreement will be deemed to have been made and executed in the State of
- North Carolina, U.S.A., and any dispute will be resolved in accordance with the laws of North
- Carolina, excluding that body of law related to choice of laws, and of the United States of
- America. Any action or proceeding brought to enforce the terms of this Agreement or to
- adjudicate any dispute must be brought in the Superior Court of Wake County, State of North
- Carolina or the United States District Court for the Eastern District of North Carolina. You
- agree to the exclusive jurisdiction and venue of these courts. You waive any claim of
- inconvenient forum and any right to a jury trial. The Convention on Contracts for the
- International Sale of Goods will not apply. Any law or regulation which provides that the
- language of a contract shall be construed against the drafter will not apply to this Agreement.
- 18. Class Action Waiver
- You agree not to bring or participate in a class or representative action, private attorney
- general action, or collective arbitration related to the Licensed Technology or this
- Agreement. You also agree not to seek to combine any action or arbitration related to the
- Licensed Technology or this Agreement with any other action or arbitration without the
- consent of all parties to this Agreement and all other actions or arbitrations.
- 19. U.S. Government End Users
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- The Licensed Technology and related documentation are ?Commercial Items? (as defined at 48
- C.F.R. §2.101), consisting of ?Commercial Computer Software? and ?Commercial Computer
- Software Documentation? (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable).
- The Licensed Technology is being licensed to U.S. Government end users only as Commercial
- Items and with only those rights as are granted to other licensees (other than Academic
- Institutions) under this Agreement.
- 20. Independent Contractor
- You and Epic are independent contractors and are not the legal representative, agent, joint
- venturer, partner, or employee of the other. Neither party has any right or authority to assume or
- create any obligations of any kind or to make any representation or warranty on behalf of the
- other party.
- 21. Amendments of this Agreement
- Epic may issue an amended Agreement at any time in its discretion by providing notice to
- you or by providing you with digital access to the amended Agreement when you next
- access the Engine Code or Assets under your Subscription. You are not required to accept
- the amended Agreement. However, in order to maintain your Subscription, you must
- accept the amended Agreement. If you do not accept the amended Agreement, Epic
- reserves the right to cancel your Subscription (but this will not terminate your License for
- Licensed Technology that you download prior to the end of your Subscription Period). If
- you are a legal entity, acceptance of an amended Agreement by any of your Users will be
- binding on you.
- 22. Notices
- Where this Agreement calls for notice from Epic, including written notice, Epic may provide
- such notice to you at the email address that you provided when you registered for the License (or
- any updated email address you subsequently provide). Epic?s notices to you will be effective
- when they are sent to that email address.
- 23. No Assignment
- You may not, without the prior written consent of Epic, assign, transfer, charge, or sub-contract
- all or any of your rights or obligations under this Agreement, and any attempt without that
- consent will be null and void. You also may not transfer your Account. Epic may at any time
- assign, transfer, charge, or sub-contract all or any of its rights or obligations under this
- Agreement. For clarity, you are not prohibited by Epic from assigning or transferring your rights
- in your Product, other than the Engine Code, Assets, and Submissions. Third Party Software
- assignment and transfer is governed by the terms of the applicable licenses.
- 24. Definitions
- As used in this Agreement, the following capitalized words have the following meanings:
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- ?Academic Institution? means any educational institution such as, but not limited to, a
- university, college, or high school.
- ?Account? means a unique ID and associated password selected by you to access the Engine
- Code and Assets under the License.
- ?Asset? means any artwork or other content assets that Epic may provide you for use with the
- Engine Code.
- ?Distribute? means to provide or otherwise make a copy available, or to make its functionality
- available on a network.
- ?Engine Code? means the Source Code and object code of the Unreal® Engine, including any
- future Versions, as made available to you by Epic under this Agreement, and any object code
- compiled from that Source Code.
- ?Engine Licensee? means a third party who is separately licensed by Epic to use the Engine
- Code and Assets.
- ?Engine Tools? means editors and other tools included in the Engine Code that may be used to
- develop products based on the Unreal® Engine.
- ?Epic? means, depending on the location of your primary residence or primary place of business:
- a. Epic Games, Inc., a Maryland Corporation having its principal business offices at
- Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or
- b. Epic Games International S.à r.l., a Luxembourg Société à Responsibilité Limitée,
- located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-
- Duchy of Luxenbourg, acting through its Swiss branch, having its principal business
- offices at Lindenstrasse 16, 63412 Baar, Switzerland.
- ?Epic Trademarks? means the trademarks, service marks, trade names and logos associated
- with Epic, Epic?s games and other intellectual property, and the Unreal® Engine.
- ?Feedback? means any feedback or suggestions that you provide to Epic regarding the Licensed
- Technology.
- ?Licensed Technology? means the Engine Code and the Assets, including as modified by you
- under the License.
- ?Product? means any product developed under this Agreement that combines any Licensed
- Technology with any other software or content, regardless of how much or little of the Licensed
- Technology is used.
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- ?Source Code? means the human readable form of a software program, including all modules it
- contains, plus any associated interface definition files, scripts used to control compilation, and
- installation of an executable (object code).
- ?Submission? means any code, whether in Source Code format or object code format, or any
- other information or content, that you make available to Epic by any means (e.g., via
- submissions to forums, wiki, or Epic?s GitHub UnrealEngine Network, or through email or
- otherwise).
- ?Subscription? means Epic?s provision of access, under the License, to future Versions of the
- Engine Code and future Assets that Epic makes available to the public.
- ?Third Party Software? means third party software components included in the Engine Code.
- ?Unreal® Engine? means the proprietary computer software program known as the Unreal®
- Engine and any updates or upgrades to the program made available by Epic.
- ?User? means an individual user who uses a valid Account to access the Engine Code and
- Assets. If you are an individual, ?User? means you. For legal entities, ?User? means the
- individual employee or agent through whom you are exercising rights under this Agreement.
- ?Version? means any updated or upgraded version of the Engine Code that Epic chooses to
- make available to the public.
- ?You,? ?your? or ?yourself?, whether or not capitalized in this Agreement, means you as an
- individual or the legal entity exercising rights under this Agreement through you. For legal
- entities, ?you,? ?your? and ?yourself? include any entity that controls, is controlled by, or is
- under common control with you, where ?control? means the power, direct or indirect, to cause
- the direction or management of the entity in question, whether by contract or otherwise, or
- ownership of 50% or more of the outstanding shares or beneficial ownership of the entity in
- question.
- 25. Miscellaneous
- This Agreement and any document or information referred to in this Agreement constitute the
- entire agreement between you and Epic relating to the subject matter covered by this Agreement.
- All other communications, proposals, and representations with respect to the subject matter
- covered by this Agreement are excluded. However, for clarity, any agreements previously
- signed by you and Epic regarding the Engine Code or Assets are not modified or otherwise
- affected by this Agreement, and they will continue in effect in accordance with their terms.
- The original of this Agreement is in English; any translations are provided for reference purposes
- only. You waive any right you may have under the law of your country to have this Agreement
- written or construed in the language of any other country.
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- This Agreement describes certain legal rights. You may have other rights under the laws of your
- jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if
- the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties
- and remedies in this Agreement may not apply to you because your jurisdiction may not allow
- them in your particular circumstance. In the event that certain provisions of this Agreement are
- not enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent
- possible under applicable law.
- Any act by Epic to exercise, or failure or delay in exercise of, any of its rights under this
- Agreement, at law or in equity will not be deemed a waiver of those or any other rights or
- remedies available in contract, at law or in equity.
- Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or
- tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum
- extent permissible and the remaining terms of this Agreement will remain in full force and effect.
- You agree that this Agreement does not confer any rights or remedies on any person other than
- the parties to this Agreement, except as expressly stated.
- Epic?s obligations are subject to existing laws and legal process, and Epic may comply with law
- enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
- 13
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