Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Unreal® Engine and related content. By downloading or using this software or any related content, 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 or any related content.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 22.
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.
If you are separately licensed by Epic under a Custom License, certain terms of this Agreement do not apply to your Custom Products. Those terms are described below in Section 23.
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 “Engine License”). However, the rights that Epic grants you under the Engine License are subject to the terms of this Agreement, and you may only make use of the Engine License if you comply with all applicable terms.
The Engine License does not grant you any title or ownership in the Licensed Technology.
You may Distribute any product made using the Licensed Technology without restriction, so long as that product does not include any Engine Code (including as modified by you under the Engine License) and does not require any Engine Code (including as modified by you under the Engine License) to run.
Certain restrictions apply to Distribution of the Licensed Technology, and consequently to the Distribution of a product developed under this Agreement that (i) combines any Engine Code with any other software or content, regardless of how much or little of the Engine Code is used, or (ii) relies on or requires any Engine Code to run (a “Product”).
Specifically, you may only Distribute the Licensed Technology as follows:
a. Distributions to Related Entities - You may Distribute the Licensed Technology incorporated in object code (such as an application in executable form) format only as an inseparable part of a Product to your Related Entities pursuant to a license agreement that is no less protective of Epic and the Licensed Technology than this Agreement. The license agreement may authorize the Related Entity to use, reproduce, display and publicly perform the Product. However, unless the Product is an Exempt Product under Section 1(A)(c), you must ensure that the Related Entity does not Distribute the Product. The Product may not contain any Paid Content Distributed in uncooked source format or any Engine Tools.
b. Distribution to Clients - You may Distribute the Licensed Technology incorporated in object code (such as an application in executable form) format only as an inseparable part of a Product to a single third party for which you specifically developed the Product in exchange for consultation fees or work-for-hire fees (including fees paid on a time and materials basis) (a “Client”). Prior to such Distribution, the Client must be subject to a license agreement that is no less protective of Epic and the Licensed Technology than this Agreement. The license agreement may authorize the Client and its Related Entities to use, reproduce, display and publicly perform the Product. However, unless the Product is an Exempt Product under Section 1(A)(c), you must ensure that the Client and its Related Entities do not Distribute the Product. The Product may not contain any Paid Content Distributed in uncooked source format or any Engine Tools.
c. Distribution in Exempt Products – You may Distribute the Licensed Technology incorporated in object code (such as an application in executable form) format only as an inseparable part of an Exempt Product to end users pursuant to an end user license agreement that is no less protective of Epic and the Licensed Technology than this Agreement. An “Exempt Product” is any Product that (i) is not sold and not otherwise used to directly generate revenues or (ii) is entirely linear/non-interactive (e.g., a movie or animated cartoon). The Exempt Product may not contain any Paid Content Distributed in uncooked source format or any Engine Tools.
d. Distribution to other licensees - You may Distribute Engine Code (including as modified by you under the Engine License) in Source Code or object code format, or any Content, to an Engine Licensee who has rights under its license to the same Version of the Engine Code or Content that you are Distributing.
Any public Distribution (i.e., intended for Engine Licensees generally) which includes Engine Tools (including as modified by you under the Engine License) must take place either through the Marketplace (e.g., for distributing a Product’s modding tool or editor to end users) or through a fork of Epic’s GitHub UnrealEngine Network (e.g., for distributing Source Code).
e. Distributions to employees and contractors - You also may Distribute Content (other than Paid Plug-ins) to an Engine Licensee who is your employee or your contractor who does not have rights under their license to the same Content, but only to permit that Engine Licensee to utilize that Content in good faith to develop a Product or other product created under the Engine License on your behalf for Distribution by you under the Engine License, and not for the purpose of Content pooling or any other Distribution or sublicensing of Content that is not permitted under this Agreement. Recipients of such a Distribution have a limited license to use, reproduce, display, perform, and modify that Content to develop your Product as outlined above, and for no other purpose.
f. Distribution of Paid Plug-ins - You may Distribute Paid Plug-ins to each of your Paid Plug-in Users so that they may use those Paid Plug-ins on your behalf under the Engine License.
g. Distribution and sublicensing of Examples - You may Distribute or sublicense Examples (including as modified by you under the License) in Source Code or object code format to any third party. However, the rights in this Section 1(A)(g) do not expand or modify your limited Distribution and sublicensing rights for Engine Code and Content (including as modified by you under the Engine License) that are not Examples.
h. Distribution of Non-C++ Programming Language Integration - You may Distribute an integration of a programming language other than C++ for the Licensed Technology, but if you do, the integration must be Distributed free of charge to all Engine Licensees, must be available in Source Code form (including, but not limited to, any compiler, linker, toolchain, and runtime), and must permit Distribution free of charge, on all platforms, in any Product.
You are permitted to post snippets of Engine Code, up to 30 lines of code in length, online in public forums for the sole purpose of discussing the content of the snippet, or distribute such snippets in connection with supporting patches and plug-ins for the Licensed Technology, so long as it is not for the purpose of enabling non-Engine Licensees to use or modify any Engine Code, or to aggregate, recombine, or reconstruct any larger portion of the Engine Code.
You may not sublicense the Licensed Technology in Source Code format. You may not sublicense the Licensed Technology in object code format, or any Content, except to grant Related Parties, Clients, or end users the ability to use a Product as permitted in Section 1(A), or to permit your publishers and distributors to market and Distribute an Exempt Product as permitted in Section 1(A)(c) above. This paragraph does not limit your rights to Distribute and sublicense Examples. Any other Distribution or sublicensing of Licensed Technology is permitted only if and to the extent authorized under an Unreal® Engine End User License Agreement and/or a Custom License you may have with Epic.
(i) UE-Only Content
For UE-Only Content, you may exercise your rights under the Engine License only if and to the extent that the UE-Only Content is utilized in a Product that requires the Engine Code to operate or is a non-interactive linear media product (e.g., broadcast or streamed video files, cartoons, movies, or images) rendered using the Engine Code. However, if you hold a license to Twinmotion under the Twinmotion EULA, you may also exercise your rights under the License to import UE-Only Content into your Twinmotion projects for the purpose of visualizing such UE-Only Content within Twinmotion. The UE-Only Content is subject to all of the terms of this Agreement that apply to Content, as well as the additional limitations described in this paragraph. All references in this paragraph to UE-Only Content include modified versions thereof made by you under the Engine License.
(ii) Non-Compatible Licenses
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 (“Non-Compatible License”). 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. You may not sublicense the Licensed Technology under a Non-Compatible License.
You may not engage in any activity with respect to the Licensed Technology, including as incorporated into a Product (1) in violation of any applicable law or regulation; (2) that misappropriates any of Epic’s other products or services; (3) 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 the Licensed Technology.
The Licensed Technology is licensed to you for use by a single User (other than Paid Plug-ins, which may also be used by your Paid Plug-in Users as described below). 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 as part of a permitted Distribution of Licensed Technology as described above.
In order to access and download the Licensed Technology, 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 https://epicgames.helpshift.com/a/epic-games-store-and-launcher/?s=epic-accounts.
Under the Engine 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.
For Paid Plug-ins, in addition to use by a single User, each Paid Plug-in User with respect to whom you have paid the associated fee may store the Paid Plug-in on any of the Paid Plug-in User’s computers and may use the Paid Plug-in on your behalf under the Engine License, but the Paid Plug-in cannot be otherwise shared with others except as part of a permitted Distribution of Licensed Technology as described above. You are responsible for each Paid Plug-in User’s compliance with this Agreement.
Subject to Section 19, during the term of this Agreement, you will be entitled to access future Versions of the Engine Code and new Content that Epic chooses to make available to you. Epic does not have any obligation to make these available. Nor does Epic have any obligation to continue to make available for access or download any or all Versions of the Engine Code or Content. However, any Versions of the Engine Code and Content that Epic has made available to you, and for which you have accepted any applicable amendment to this Agreement as described in Section 19, are considered part of the Licensed Technology and may be used under the Engine License (as amended by that amendment).
Epic may make Paid Content available to you for a fee. Your Engine License to Paid Content is subject to your payment of the associated fee. In addition, your Paid Plug-in Users’ use of any Paid Plug-in under the Engine License is subject to your payment of the associated fee for each Paid Plug-in User for that Paid Plug-in. When you pay the fee to obtain Paid Content, you are purchasing from Epic the right to have your Engine License include that Paid Content.
Regardless of any references Epic may make outside this Agreement to purchasing or selling Paid Content, Paid Content is licensed, not sold, to you under the Engine License.
When you provide payment information to Epic or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account, or other payment method specified by you, and you authorize Epic to charge such payment method for the full amount of the transaction.
From time to time, Epic may display links to Third Party Licensor Content on the Marketplace. Epic does not license or provide Third Party Licensor Content to you under this Agreement. Any use of Third Party Licensor Content requires you to enter into a separate license agreement directly with the provider of the Third Party Licensor Content. The terms of your license agreement with the provider of the Third Party Licensor Content will govern all matters related to your use of Third Party Licensor Content rather than the terms of this Agreement.
Epic does not have any support obligations with respect to the Licensed Technology under this Agreement. Support resources may be obtained at https://www.unrealengine.com/support.
If you provide Epic with any Feedback, Epic is free to use the Feedback however it chooses. If you make any Contribution available to Epic, you hereby assign to Epic all right, title, and interest (including all copyright, patent, and other intellectual property rights) in that Contribution for all current and future methods and forms of exploitation in any country. If any of those rights are not effectively 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 Contribution for all current and future methods and forms of exploitation in any country. If any of those 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 of those rights. However, you may continue to freely use any Feedback that you provide to Epic, and you may continue to use, in any manner consistent with the Engine License, any Contribution that is a modification of Licensed Technology that you make available to Epic.
You understand and agree that Epic is not required to make any use of any Feedback or Contribution that you provide. You agree that if Epic makes use of your Feedback or Contribution, 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 Contribution 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.
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 Agreement and using Third Party Software, you are accepting the terms of those licenses. In this case, the Third Party Software terms will govern your use of the Third Party Software, and if there is inconsistency, those terms will take precedence over the terms of the Engine 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.
Epic or its licensors own all title, ownership rights, and intellectual property rights in the Engine Code and Content. You own all rights in the Products or other products you develop under the Engine License, other than the Engine Code, Content, Third Party Software, and any Contributions. All rights granted to you under this Agreement are granted by express license only and not by sale, and all of those rights are limited by the terms of this Agreement. No license or other rights will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense under this Agreement that is not consistent with the terms of this Agreement will be null and void.
You agree to retain and reproduce in all copies of the 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 Content.
You agree to place the following notices in the credits (replacing xxxx with the current year) for any Product, to the extent such product has credits:
“[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 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 https://www.unrealengine.com/branding.
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.
You acknowledge that, as a default setting, the Engine Code will collect and send to Epic anonymous hardware and usage data from users of Products. This functionality is used by Epic to improve the Engine Code. You may modify the Engine Code under the Engine License to turn off that functionality in your Product, or you may include in your Product the capability for your users to turn off that functionality in the Product.
The Licensed Technology, the Marketplace, 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, its licensors, and its and their 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 that 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, its licensors, and its and their affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in any Product or other product created under the Engine License, (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 other products created under the Engine License, or will not revoke approval of any Product or other product created under the Engine License 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, its licensors, and its and their 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.
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 (including, without limitation, any Distribution or sublicensing of the Licensed Technology in violation 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 product or matter you created, or your exercise of the Engine License, infringes any third party’s intellectual property rights or other proprietary or personal rights (except to the extent of any claim that your authorized use of unmodified Licensed Technology 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 or other product you created under the Engine License. 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 12.
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.
You agree to comply with all applicable federal and foreign laws, regulations, and rules, and complete any required undertakings. You will obtain any necessary export license or other governmental approval prior to accessing, downloading, exporting, re-exporting, or releasing the Licensed Technology. You represent and warrant that you do not appear on any United States list of prohibited or restricted parties (including the Specially Designated Nationals List).
A. Term of the Agreement. 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 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 Engine License constitutes a material breach of this Agreement.
C. Termination for Patent Action. The Agreement will terminate automatically as of the date you or any of your Affiliates commences 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 Engine License will automatically terminate, you may no longer exercise any of the rights granted to you by the Engine 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. Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
F. Surviving Provisions
Sections 6-8, 10-12, 14-16, and 20-24 will survive termination of this Agreement.
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.
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.
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 under this Agreement.
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.
Where this Agreement calls for notice from Epic, including written notice, Epic may provide notice to you at the email address that you provided to Epic when registering for any license to the Unreal® Engine (or any updated email address you subsequently provide). Epic’s notices to you will be effective when they are sent to that email address.
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, Content, and Contributions. Third Party Software assignment and transfer is governed by the terms of the applicable licenses.
As used in this Agreement, the following capitalized words have the following meanings:
“Account” means a user account with a unique ID and associated password selected by you, which enables you to download the Licensed Technology made available by Epic under the Engine License.
“Affiliate” means, with respect to a party, any entity that controls, is controlled by, or is under common control with such party, 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.
“Content” means any code, artwork, or other content that Epic makes available to you, as part of Unreal® Engine under this Agreement, for use with the Engine Code, or any other part of Unreal® Engine. For clarity, Content includes but is not limited to Paid Content and UE-Only Content.
“Contribution” 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). However, code, information, or content that you only make available to Epic as part of a Marketplace Submission at unrealengine.com/marketplace/submissions, and any Modified Engine Tools Package that you provide to Epic for Distribution, do not constitute Contributions. In addition, mere use of code or content with the Licensed Technology, without making that code or content available to Epic, does not constitute a Contribution.
“Custom License” means any agreement between you and Epic, or any sublicensor authorized by Epic, other than this Agreement or any amendment to this Agreement, under which you are granted a license to use the Unreal® Engine to develop one or more product(s), other than the Unreal® Engine End User License Agreement for Publishing.
“Custom Product” means a product developed pursuant to a Custom License.
“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 Content.
“Engine Tools” means (a) editors and other tools included in the Engine Code; (b) any code and modules in either the Developer or Editor folders, including in object code format, whether statically or dynamically linked; and (c) other software that may be used to develop standalone products based on the Licensed Technology.
“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 Luxembourg, acting through its Swiss branch, having its principal business offices at Platz 3, 6039 Root, Switzerland.
“Epic Trademarks” means the trademarks, service marks, trade names and logos associated with Epic, Epic’s games and other intellectual property, including Unreal® Engine.
“Examples” means the Engine Code and Content made available by Epic in the Samples and Templates folders in the install directory or in the Content Examples projects available through the Marketplace.
“Feedback” means any feedback or suggestions that you provide to Epic regarding the Licensed Technology or the Marketplace.
“Licensed Technology” means any or all of the Engine Code and Content, including as modified by you under the Engine License.
“Marketplace” means the Unreal® Engine digital marketplace or other Unreal® Engine learning resource maintained by Epic or its Affiliates, through which, among other things, Epic makes certain Content and Engine Code available for use under the Engine License.
“Modified Engine Tools Package” means (a) Engine Tools, as modified by you under the Engine License, that you provide to Epic for Distribution, and (b) any code, artwork, or other content that you provide to Epic for Distribution for use with the modified Engine Tools.
“Paid Content” means Content made available to you through the Marketplace for an additional fee, including but not limited to Paid Plug-ins.
“Paid Plug-in” means any Paid Content which includes a C++ code plug-in.
“Paid Plug-in User” means, for a particular Paid Plug-in, your individual employee or contractor for whom you have purchased the right to have your Engine License include their use.
“Related Entity” means, with respect to an entity, (i) an Affiliate of such entity or (ii) a third party that is not an Affiliate of such entity but engages in business and holds itself out under or in the name of such entity’s trademarks or other branding (other than as a publisher or distributor of such entity’s Product), such as a franchisee.
“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).
“Third Party Licensor Content” means third party content to which Epic displays links in the Marketplace and that is designated in the Marketplace as content licensed directly from the third party content provider.
“Third Party Software” means third party software components included in the Engine Code. For avoidance of doubt, software in the following directory - /Engine/Extras/ThirdPartyNotUE/ - is not Third Party Software under this Agreement and is not distributed under this Agreement.
“Twinmotion” means Epic’s proprietary software application known as Twinmotion.
“Twinmotion EULA” means the Twinmotion End User License Agreement (as available at unrealengine.com/twinmotion/eula).
“UE-Only Content” means Content that is designated in the Marketplace as usable only in conjunction with 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.
“Unreal® Engine End User License Agreement for Publishing” means the Unreal® Engine End User License Agreement for Publishing (as available at https://www.unrealengine.com/eula/publishing) formerly known as the Unreal® Engine End User License Agreement.
“User” means an individual user who uses a valid Account to access the Engine Code, Content, and the Marketplace. 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 Licensed Technology that Epic chooses to make available to you.
“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.
Custom Licenses are not modified or otherwise affected by this Agreement. For Custom Products, the terms of your applicable Custom License will govern all matters (including royalties, license fees, notifications, Feedback, Contributions, trademarks, service marks, trade names, logos, screen shots, and video content related to those Custom Products) related to your use of the code, artwork, and content that are licensed to you under that Custom License, instead of the terms of this Agreement.
You may exercise your rights in Paid Content under the Engine License in connection with Custom Products that are developed and Distributed under your Custom License as if they were Products developed and Distributed under the Engine License. However, your exercise of those rights in connection with Custom Products is governed by and subject to the terms of this Agreement, including without limitation all obligations and limitations that apply to use of Paid Content in connection with Products, as well as all disclaimers, limitations of liability, and indemnification rights of Epic, whether related to Paid Content, Products, or otherwise.
As used in this Agreement, the defined term “Product” does not include Custom Products, and except as described above, the terms of this Agreement applicable to Products do not apply to Custom Products.
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, this Agreement does not supersede or amend any Unreal® Engine End User License Agreement for Publishing or Custom License you may have with Epic, which will continue to govern the copy of Unreal® Engine and related content you may have obtained or obtain in the future under such agreement.
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.
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.