TAPPY CHICKEN: UNREAL® ENGINE 4 EULA

This licensed application was developed by or on behalf of and is the property of Epic Games, Inc., a Maryland, USA corporation and/or its affiliates (EPIC).  By installing and/or using this application, you agree to the following terms and conditions:

  1. You acknowledge that this software end user license agreement (EULA) is a binding agreement between you and EPIC, and not with the digital application distribution platform (e.g., Google Play, Amazon Appstore, etc.) (Distribution Platform) from which you downloaded the application.  EPIC, not the Distribution Platform, is solely responsible for the Tappy Chicken: Unreal® Engine 4 software application (Software) and the content thereof.
  2. For as long as you comply with the terms of this EULA, EPIC, grants you a personal, non-exclusive, non-transferrable limited right and license to install, store and use one copy of the Software, including future patches or updates, on a single device, ONLY for your personal use and enjoyment.  The Software is not being given, sold or otherwise transferred to you nor does this EULA transfer to you any promotional use rights in the Software.
  3. The Software and your downloaded copy (including but not limited to all documentation, titles, computer software code, themes, objects, characters, character and asset names, dialogue, stories, artwork, concepts, sounds, musical compositions and “applets”) are owned by EPIC and its affiliates and are protected by United States copyright law, international copyright treaties and other laws.  The Software contains licensed materials, including materials which have third party software credits attached to this EULA.  EPIC, its affiliates and its suppliers reserve all rights not expressly granted to you in this EULA.  You may not:
    1. use or exploit the Software (or anything contained therein, including, without limitation, code, themes, objects, characters, artwork, sounds, etc.)  in any way that results in direct or indirect compensation or commercial gain in any form, personal or otherwise, to you or any other party;
    2. transfer the Software to more than one device or this EULA to any third party;
    3. remove or modify any product identification or trademark, copyright, or proprietary notices, legends, symbols or labels from the Software, or use any EPIC trademarks, logos, trade names, or service marks in any manner except in connection with your licensed use of the Software under this EULA;
    4. infringe or violate any intellectual property or proprietary rights, or rights of privacy or publicity, of EPIC or any third party;
    5. modify this EULA, or adopt or use this EULA (or a modified version of it) as your own; or
    6. copy, modify, adapt, translate, distribute or create derivative works, decompile, disassemble or reverse engineer the Software, in whole or in part, attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Software, or do anything with the Software other than play the game on your device.
  4. You can terminate this license by deleting the Software from your personal mobile device.  It is also terminated immediately, without need of notice from EPIC if you violate the terms of this EULA.
  5. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY AND “WITH ALL FAULTS” AND THE ENTIRE RISK ASSOCIATED WITH YOUR DOWNLOADING AND USE OF THE SOFTWARE IS YOURS.  EPIC, ITS THIRD PARTY SOFTWARE SUPPLIERS (SUPPLIERS) AND THE DISTRIBUTION PLATFORMS DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO THOSE OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EPIC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF LACK OF NEGLIGENCE, AND/OR OF A LACK OF VIRUSES, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. 
  6. IN NO EVENT SHALL THE DISTRIBUTION PLATFORM, EPIC OR EPIC’s AFFILIATES AND THEIR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR LOSS OF PROFITS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS EULA, THE SOFTWARE, THE USE OF (OR INABILITY TO USE) THE SOFTWARE, AND/OR ERRORS OR BUGS WITHIN THE SOFTWARE, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE DISTRIBUTION PLATFORM’S OR EPIC’S LIABILITY ARISING UNDER, RELATING TO OR IN CONNECTION WITH THIS EULA, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES, OR INJURIES, AND ANY LIABILITY, EXCEED THE PRICE YOU PAID FOR THE SOFTWARE.  THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
  7. You acknowledge that the Distribution Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, or to investigate, defend, settle, or discharge any claim that you or any third party may make that the Software or your possession or use of the Software infringes the intellectual property rights of any third party.  The Distribution Platform is not responsible for addressing any claims you or any third party may have relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  8. EPIC, Tappy Chicken, Epic Games, Unreal, Unreal Engine and UDK are trademarks or registered trademarks of Epic Games, Inc. in the United States of America and in other countries.
  9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  10. You acknowledge and agree that the Distribution Platform, and the Distribution Platform’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, the Distribution Platform will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.  You also agree that you will comply with any applicable third party terms of agreement when using the Software (e.g., you must not be in violation of your wireless data service agreement with using the Software).
  11. By installing, accessing or using the Software, you consent to the below information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.  EPIC respects your privacy rights and recognizes the importance of protecting any information collected about you. EPIC’s privacy notice, as amended from time to time, is available at www.epicgames.com/privacynotice (Privacy Notice) and applicable to this EULA. The Privacy Notice defines how, why and to which extent EPIC and its affiliates collect and use personal and non-personal information in relation to the Software. By installing, accessing or using the Software you explicitly agree with the terms and conditions of the Privacy Notice and to any terms and conditions included therein by reference.
  12. You agree to indemnify, defend and hold EPIC, its partners, affiliates, suppliers, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
  13. GENERAL PROVISIONS.

    EPIC reserves the right to modify the terms and conditions in this EULA at any time by posting the updated EULA on Epic’s website.    The Software may not be assigned or sublicensed by you in whole or in part (by contract, operation of law or otherwise).  If applicable laws allow you to transfer the Software, this EULA shall apply to and be binding upon your successors.  The validity, construction and performance of this EULA, and the legal relations among the parties to this EULA, shall be governed by and construed in accordance with the laws of the United States of America and of the State of North Carolina, excluding that body of law applicable to conflicts of law. By downloading the Software, you agree to submit yourself to the exclusive jurisdiction of the state and federal courts sitting in Wake County, North Carolina.  The original of this EULA has been written in English.  You waive any right you may have or claim under the law of any country to have this EULA written in a language other than English.  If any provision of this EULA is unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable.

    Questions, complaints or claims with respect to the Software should be directed to EPIC at: tappychicken@unrealengine.com.

    Would you like to make your own game like this one? Check out http://unrealengine.com for information how you can get started!

THIRD PARTY SOFTWARE CREDITS

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ANGLE:

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CUBEMAPGEN

Copyright (c) 2013, AMD, Inc.

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FREETYPE 2.4.4

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