Open Source Policy
This project is built on and with the aid of the following open source projects. Credits are given to these projects.
In case you believe there have been errors in the attribution below, you may submit the concerns to us for review and correction.
The below software in this distribution may have been modified by Tencent ("Tencent Modifications"). All Tencent Modifications
are Copyright(C)Tencent.
Open Source Software Licensed under the Apache-2.0 AND others:
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1. llvm
Copyright (c) 2003-2019 University of Illinois at Urbana-Champaign.
All rights reserved.
You may find the original code here: https://github.com/llvm/llvm-project.git
Terms of the Apache-2.0 AND others:
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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
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And also:
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Regarding 'others' conditions:
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This component is also subject to additional terms, conditions, or notices.
These 'other' terms should be reviewed carefully.
Specific details or URLs for applicable components may be listed below if provided with the component data.
Open Source Software Licensed under the ArtStation Terms of Service:
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1. artstation
© 2023, Epic Games, Inc.
You may find the original code here: https://www.artstation.com/?sort_by=trending&dimension=all
Terms of the ArtStation Terms of Service:
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Agreement
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
Basically...
By using ArtStation, you're agreeing to these terms.
1. Membership
You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view some of the content on the Site as long as they comply with our standards of conduct. However, members receive additional benefits (and different levels of members may receive different benefits), subject to our standards of conduct from time-to-time. We may change the benefits, features and levels of membership from time-to-time by sending you an email or by posting the changes on the Site. Our provision of the above benefits to you, including ArtStation Learning (defined in section 9), the Marketplace (defined in section 10(a)), and all other services we provide on the Site, are collectively the “Services”. Epic may use third parties to provide some or all of the Services. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.
2. Eligibility
By registering as a member you represent and warrant to us that:
(a) you are an individual who can form a legally binding contract at law; and
(b) you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
3. Minors
Minors are not allowed to use ArtStation.
Basically...
You must be at least 18 to use ArtStation.
4. Account, User Name and Password
(a) You must select a unique user name for your account. You must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit.
(b) You must keep your password secure and confidential.
(c) You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
(d) All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
Basically...
Don't use an offensive username. Keep your login details secure.
5. Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
Basically...
You can't use ArtStation to sell the service to someone else.
6. Payment
Many portions of the Site are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the Site, you agree to pay Epic the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. Epic may change the fees from time-to-time.
7. Payment Options
You may pay Epic through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If Epic allows you to pay Epic directly via credit card, then you authorize Epic to charge all amounts to the credit card number you provide to Epic. If your credit card payment is rejected or refused you will immediately pay Epic the amount due and provide Epic with an alternative credit card number for future payments. You represent and warrant to Epic that each credit card you use for payment to Epic either belongs to you, and you have the right to charge all such payments on the credit card(s).
8. Interest
You will pay Epic simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
Basically...
If you want paid services, e.g. the Pro account, you'll have to pay for it.
9. ArtStation Learning
a. Overview
ArtStation Learning (“ArtStation Learning”) is an optional Service that allows eligible members to access and stream instructional and tutorial video content from the Site (“Learning Content”) and download and use certain digital resources (“Learning Resources”) (for example, digital assets, example files, 3D models, brushes) made available from time to time.
b. Learning Content
From time to time, and subject to any terms and restrictions we may impose, we may make some Learning Content available for temporary download and offline viewing on certain supported computers and devices. The Learning Content is or may be protected by digital rights management or other technological protection measures. All Learning Content is ArtStation Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms.
c. Learning Resources
All Learning Resources are Epic Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms. If you are an eligible member, Epic hereby grants you a limited, personal, non-exclusive, non-transferable and royalty-free license to download, install, copy and use Learning Resources for your personal use only, subject to the following restrictions. You may not:
(i) make any copy of the Learning Resources except for archival or backup purposes;
(ii) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any Learning Resource;
(iii) hack, reverse engineer, decompile, disassemble, modify or create derivative works of any (or any party of any) Learning Resource;
(iv) publish, sell distribute or otherwise make any Learning Resources available to others to use, download or copy;
(v) transfer or sub-license the Learning Resources or any rights in the Learning Resources to any third party, whether voluntarily or by operation of law;
(vi) use the Learning Resources for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
(vii) misrepresent yourself as the creator or owner of the Learning Resources;
(viii) remove or modify any proprietary notice, symbol or label in or on the Learning Resources;
(ix) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this section 9(c).
For clarity, even if your employer pays for your subscription you may not make Learning Resources available on a shared server or hard drive for access and use by other of your employer’s personnel.
Basically...
If you're using ArtStation Learning, you cannot pirate the content. You cannot copy and redistribute the content. If a course has downloadable files, you can use it for your own projects, but you cannot redistribute it to others in any way, shape or form, including copying it to a shared server/drive.
10. ArtStation Marketplace for Content Providers
a. Overview
ArtStation Marketplace (the “Marketplace”) is a Service that allows you to commercialize some of Your Content (defined in section 15) through the Site. There are two types of products that are now, or may in the future be, available for sale through the Marketplace, i.e.: Digital Products and Hard Products. All of Your Content, whether it is a Digital Product, Hard Product, a description of a Digital Product or Hard Product, or otherwise, must comply with these Terms, Epic reserves the right to remove any of Your Content that Epic determines in its sole discretion does not comply with these Terms. You grant Epic rights in Your Content as set out in section 16 below.
b. Digital Products
Digital Products are products such as tutorials, software tools, stock assets and other electronic products that you upload to the Site and make available through the Marketplace. If you opt to allow any of Your Content to be commercialized as Digital Products, then you agree as follows:
(i) You must set a price for each of your Digital Products. You hereby authorize us to license copies of those products at that price, plus applicable taxes.
(ii) You must specify the license terms that apply to each Digital Product you make available through the Marketplace. You will have the option of specifying one of our standard license terms or providing your own license terms. If you provide your own license terms, we will have the right to review, approve, or disapprove those terms at our discretion at any time. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction’s laws, and you should obtain advice from a qualified professional before preparing or implementing any terms. You acknowledge and agree that the license terms are between you and the purchaser, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a purchaser.
(iii) After we have completed a transaction in connection with any of your Digital Products, we will make the Digital Products available to the purchaser according to the applicable license terms you have specified (subject to Section 10(b)(ii)). You hereby grant us a royalty-free, perpetual, world-wide license to do so. You must not include anything in the Digital Products that reduces or eliminates the applicable license granted to the customer.
(iv) After we have received payment for a transaction in connection with any of your Digital Products, we will deposit you a percentage of the price (excluding taxes) we received as set out in fee schedule, less any transaction fees listed in that fee schedule, into your Marketplace account. You may redeem amounts from your Marketplace account as described in section 10e) below. We will retain the remainder as our commission for the transaction. We may change the fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
(v) If a customer advises us that there is a material error in any of your Digital Products, or that they do not substantially conform with the description you provided for them, or there is some other material issue with your Digital Products then: (i) you will promptly remedy that error, description or issue at our request, (ii) we may refund the customer, in which case at our option you will either repay us the refunded amount or we will deduct the refunded amount from any future payment we make to you, and (iii) we may suspend or prohibit future sales of Your Content.
c. Hard Products
Hard Products are print-on-demand products that we may offer from time to time, such as art prints, apparel and other merchandise, onto which is printed Your Content that you have uploaded to the Site and made available through the Marketplace. If you opt to allow any of Your Content to be used to produce any Hard Products, then you agree as follows:
(i) You must set a mark-up for each Hard Product we sell which bears that content. This mark-up will be added to the price we charge for the product. You hereby authorize us to sell those Hard Products bearing that content at those prices plus applicable taxes.
(ii) After we have completed a transaction in connection with any Hard Product bearing Your Content, we or our suppliers will complete the manufacturing process by printing Your Content on the product. You hereby grant us and our suppliers a royalty-free, perpetual, worldwide license to do so, and to modify Your Content as necessary or desirable to apply it to the product.
(iii) You acknowledge that the appearance of Your Content on the products may vary in colour, quality and appearance depending on the Hard Product. You can select which types of Hard Products may be sold with Your Content; however, you will not have the opportunity to pre-approve the appearance of Your Content on those products before they are manufactured and shipped to customers.
(iv) After we have received payment for a sale in connection with any Hard Product bearing Your Content, we will deposit into your Marketplace account the mark-up you selected for that product, less any transaction fees listed in our fee schedule. You may redeem amounts from your Marketplace account as described in section 10(e) below. We will retain the remainder as our commission for the sale. We may change the above fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
d. Both Products
(i) You must provide a description for each item of Your Content that you upload to the Site and make available for purchase through the Marketplace. That description must comply with these Terms. You hereby represent and warrant that all such descriptions are and will be accurate, complete, and not misleading, and do not and will not infringe or misappropriate any third-party rights.
(ii) All of your representations, warranties and indemnities relating to Your Content generally, also apply specifically to Your Content in the Marketplace. In addition, you represent and warrant that you have all necessary rights to allow Your Content to be displayed, commercialized and used as described above. You are solely responsible and liable for Your Content, and you indemnify Epic regarding Your Content as set out in section 40.
(iii) We will not be responsible for anything a customer or a third party does with Your Content, including in connection with a Digital Product or a Hard Product. We have no obligation to enforce the license terms that apply to any content you sell through the Marketplace, or enforcing your rights in or to Your Content. If you believe a customer or third party has violated any of your rights with respect to any product, it will be your sole responsibility to address that violation on your own, at your sole expense. Please refer to section 23 below if you believe that another user has posted content that infringes your rights.
(iv) If any purchaser is not satisfied with a purchased Digital Product or Hard Product for any reason, we reserve the right to refund the purchaser, in which case at our option we will deduct the refunded amount from your Marketplace account balance. If your Marketplace account balance does not have enough money to cover the refund, the balance can go into negative and the amounts owed can be paid against future sales, or we may request that you repay us the amounts owing (and you will promptly pay those amounts if we so request).
(v) You will comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.
e. Account Balance and Redemption
(i) Upon receiving payment from a purchase of your Digital Product or Hard Product, we will deposit your portion of the payment into your Marketplace account.
(ii) Provided that the balance of your Marketplace account exceeds the applicable threshold set out in our fee schedule, that balance will be automatically redeemed on a weekly basis.
(iii) Balances that you redeem will be paid to the bank account you designate on the Site. A deposit initiated by a balance redemption will not reach your bank account immediately.
(iv) If we have provided a refund to a purchaser of your Digital Product or Hard Product we will deduct the refunded amount from your Marketplace account balance.
(v) You acknowledge and agree that additional third-party fees may apply to and be deducted from the amounts you redeem from your Marketplace account balance, and that Epic is not responsible for and has no control over such fees. For example, your bank may impose wire transfer or similar fees or currency conversion fees.
(vi) Epic is not responsible for lost payments. You are solely responsible for ensuring we have all required account numbers and information to make those payments.
f. Currency Conversion
Epic will calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you listed the price of your Digital Product or Hard Product. All transactions through the Marketplace, regardless of type of content or listed currency, will settle in United States dollars. Your Marketplace account balance will be denominated and redeemable only in United States dollars. Epic cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before engaging in Marketplace transactions.
g. Taxes
You are solely responsible and liable for imposing, collecting, reporting and remitting to the relevant authorities, in a timely and proper manner, all applicable sales, use, value-added, property, excise, import, foreign, withhold and other taxes, duties, charges, levies, fees, excises, tariffs, and assessments of any nature whatsoever imposed, arising from, connect with and relating to your sales through the Marketplace and the payments you receive for those sales. Epic does not and will not provide any advice regarding your tax obligations. If you are uncertain about your tax obligations you should obtain advice from a professional tax advisor or your local tax office.
Basically...
If you are selling stuff on ArtStation via our Store / Marketplace features, this applies to you.
11. ArtStation Marketplace for Content Acquirers
a. Overview
The Marketplace is a Service that allows you to purchase products from other content providers through the Site. There are two types of products that are now, or may in the future be, available for purchase through the Marketplace, i.e.: Digital Products and Hard Products.
b. Digital Products
Digital Products are products such as videos, software tools, stock assets and other electronic products. After you have completed a transaction for a Digital Product, we will make a copy of the product available to you according to the license terms specified by the Digital Product’s provider. You must not distribute the product, allow any third party to use or access the product, or otherwise use, reproduce or exploit the product in any way that is not permitted by the applicable license terms. You acknowledge and agree that those license terms (and any dispute under them) are between you and the provider and that we are not a party to them and that we do not have any obligation to attempt to resolve any dispute between you and the provider. You also acknowledge and agree that we are a third-party beneficiary of those license terms and therefore will be entitled to directly enforce and rely upon any provision in those terms that confers a benefit on, or rights in favour of, us.
c. Hard Products
Hard Products are print-on-demand products such as art prints, apparel and other merchandise onto which the applicable content is printed. After you have completed a transaction for a Hard Product, we or our suppliers will complete the manufacturing process and ship the product to you when it is ready. We will endeavour to ship the product within any estimates provided on the Site, but we will not be responsible for late deliveries. Title and risk of loss for the products will pass to you upon receipt of the product by the carrier. We can split orders into two or more shipments at our discretion and expense.
d. Both Products
(i) You must pay us the price listed on the Site for the products, plus all applicable taxes, and (for Hard Products) applicable shipping and handling.
(ii) Our Refunds and Returns policies (as amended from time-to-time) set out our obligations and your rights regarding refunds and returns.
(iii) The content used to create Digital Products and Hard Products is provided by other users of the Site. We did not create it, we do not preview it, and we have no control over it. In short, we are not responsible for it or for any shortcomings in it, including any intellectual property infringement or other legal issues caused by it. Subject to our Refunds and Returns policies referred to above, your acquisition of Digital Products and Hard Products is at your sole risk.
(iv) For certainty, all other portions of these Terms, including the disclaimers and limitations of liability, also apply specifically to the Digital Products, Hard Products and the Marketplace. You will also comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.
Open Source Software Licensed under the CC-BY-4.0:
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1. Twitter Emoji(Tewmoji)
Copyright (c) 2021 Twitter
You may find the original code here: https://github.com/twitter/twemoji
Terms of the CC-BY-4.0:
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Creative Commons Attribution 4.0 International
Creative Commons Corporation ("Creative Commons") is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an "as-is" basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.
Using Creative Commons Public Licenses
Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.
Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other material, or material used under an exception or limitation to copyright. More considerations for licensors : wiki.creativecommons.org/Considerations_for_licensors
Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor's permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public : wiki.creativecommons.org/Considerations_for_licensees
Creative Commons Attribution 4.0 International Public License
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
Section 1 Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
g. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
j. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
k. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
Section 2 Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
A. reproduce and Share the Licensed Material, in whole or in part; and
B. produce, reproduce, and Share Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
5. Downstream recipients.
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public License.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
Section 3 License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified form), You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
Section 4 Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Section 5 Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
Section 8 Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the "Licensor." The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark "Creative Commons" or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.
Creative Commons may be contacted at creativecommons.org.
Open Source Software Licensed under the CC0-1.0:
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1. ambientCG
Created using assets from ambientCG.com (CC0).
You may find the original code here: https://ambientcg.com/list
Terms of the CC0-1.0:
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Creative Commons Legal Code
CC0 1.0 Universal
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED HEREUNDER, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED HEREUNDER.
Statement of Purpose
The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an "owner") of an original work of authorship and/or a database (each, a "Work").
Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works ("Commons") that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.
For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating CC0 with a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.
1. Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:
i. the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
ii. moral rights retained by the original author(s) and/or performer(s);
iii. publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;
iv. rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
v. rights protecting the extraction, dissemination, use and reuse of data in a Work;
vi. database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
vii. other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.
2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.
3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer's express Statement of Purpose.
4. Limitations and Disclaimers.
a. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.
b. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
c. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
d. Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.
Open Source Software Licensed under the Epic-Content-License-Agreement:
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1. quixel megascans
© 2023, Epic Games, Inc. Quixel, Megascans, and Unreal Engine are trademarks or registered trademarks of Epic Games, Inc. in the USA and elsewhere.
You may find the original code here: https://quixel.com/megascans/home
Terms of the Epic-Content-License-Agreement:
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Epic Content License Agreement
This Epic Content License Agreement (“Agreement”) applies to your use of certain digital content made available to you by Epic (“Licensed Content”). All Licensed Content you download or use is governed by this Agreement.
This Agreement is a legal document detailing your rights and obligations related to using Licensed Content. By downloading or using Licensed Content, you are agreeing to be bound by the terms of this Agreement. You enter into this agreement with each Content Licensor whose Licensed Content you download or use. If you do not or cannot agree to the terms of this Agreement, do not complete a download or use Licensed Content.
When we say, “you,” “your,” or “yourself,” we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say “Content Licensor,” “we” or “us,” we are referring to Epic, unless a party other than Epic is identified as the Content Licensor when you access Licensed Content. When we say “Epic” we are referring to the Epic entity for your region, as detailed in Section 9.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 15). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
Table of Contents
The Licensed Content
1. What Content Is Being Licensed to You
2. How You Can Use the Licensed Content
3. How You Can Share Projects You’ve Made with the Licensed Content
4. How You Can Share the Licensed Content When It Isn’t Part of a Project
5. Other Restrictions on Your Use of Licensed Content
6. Who Owns What
Our Relationship
7. The Agreement Between You and the Content Licensor
8. Who are You?
9. Who is Epic?
10. Privacy
Other Rights and Obligations
11. Disclaimers
12. Limitation of Liability
13. Indemnification
14. Governing Law and Jurisdiction
15. No Class Actions
16. Miscellaneous
17. Artificial Intelligence
The Licensed Content
1. What Content Is Being Licensed to You
Licensed Content includes any content that is made available to you by a Content Licensor under the terms of this Agreement. This includes, for example, content made available to you by Epic through the Unreal Engine Marketplace, Learn tab of the Epic Games Launcher, and the Quixel Megascans library.
2. How You Can Use the Licensed Content
We grant you a non-exclusive, non-transferable, non-sublicensable license to privately use, reproduce, display, perform, and modify the Licensed Content in accordance with the terms of this Agreement (the “License”). This means that as long as you are not violating this Agreement, such as by using the Licensed Content in violation of any applicable law or regulation or for any unlawful purpose, you can privately use the Licensed Content however you want. If you want to share the Licensed Content or anything you make with it, Sections 3 and 4 addresses when and how you can do that.
3. How You Can Share Projects You’ve Made with the Licensed Content
If you develop projects that combine the Licensed Content with any other software or content, regardless of how much or little of the Licensed Content is used (collectively “Projects”), you may only Distribute those Projects as expressly permitted under this Agreement.
“Distribute” means, with respect to a Project, to provide or otherwise make a copy of the Project available publicly or to any other person or entity or make the Project’s functionality available on a network.
a. Use by End Users, Publishers, and Distributors
You may Distribute Licensed Content incorporated in object code format only as an inseparable part of a Project to end users.
When you Distribute a Project to end users, you may permit end users to use, reproduce, display and publicly perform the Licensed Content, solely (1) as incorporated in the Project in object code as an inseparable part of the Project, (2) to the extent necessary for end users to make permitted uses of the Project, and (3) pursuant to an end user license agreement that explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Content. You may permit your publishers and distributors to market and Distribute a Project on your behalf, but only to the extent that you are permitted to make such Distribution yourself under this Section 3, and such Distribution will be subject to the terms of this Agreement.
This means, for example, you may Distribute software applications (such as video games) that include Licensed Content to the general public, whether directly by you or through a distributor or publisher.
b. Linear Media (e.g., Rendered Video Files)
You may freely Distribute Licensed Content incorporated into rendered linear media products.
This means, for example, you may freely Distribute rendered video files (e.g., broadcast or streamed video files, cartoons, or movies) or images created using Licensed Content.
4. How You Can Share the Licensed Content When It Isn’t Part of a Project
Except as otherwise stated in the Service-Specific Terms (as defined in Section 7), you may not Distribute Licensed Content in source format to third parties except to employees, affiliates, and contractors who are utilizing the Licensed Content in good faith to develop a Project on your behalf. Those employees, affiliates, and contractors you share Licensed Content with are not permitted to further Distribute the Licensed Content (including as incorporated in a Project) and must delete the Licensed Content once it is no longer needed for developing a Project on your behalf. You are responsible for ensuring that any employees, affiliates, or contractors you share Licensed Content with comply with the terms of this Agreement.
5. Other Restrictions on Your Use of Licensed Content
a. UE-Only Content
“UE-Only Content” means Licensed Content that is designated as only permitted for use in conjunction with Unreal Engine and Unreal Engine-based products as designated by Epic, such as Twinmotion.
b. Non-Compatible Licenses
You may not, and may not permit others to, combine, Distribute, or otherwise use Licensed Content with any code or other content which is covered by a license that would directly or indirectly require that all or part of any Licensed Content be governed under any terms other than those of this Agreement (those licenses, the “Non-Compatible Licenses”). This means, for example, that you may not combine Licensed Content with code or content that is licensed under any of the following licenses: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution-ShareAlike License.
c. General Restrictions
You may not:
i. attempt to reverse engineer, decompile, translate, disassemble, or derive source code from Licensed Content;
ii. sell, rent, lease, or transfer Licensed Content on a “stand-alone basis” (Projects must reasonably add value beyond the value of the Licensed Content, and the Licensed Content must be merely a component of the Project and not the primary focus of the Project);
iii. except as permitted under Section 4, allow any third party to use or access Licensed Content for the purpose of creating content (including, without limitation, for the purpose of using Licensed Content in world- or level-editing tools, modeling tools, or user-generated content) for distribution to the public; provided, however, this restriction does not apply to UE-Only Content;
iv. use Licensed Content in violation of applicable law;
v. use Licensed Content in any manner which violates the rights of a third party;
vi. remove, disable, circumvent, or modify any proprietary notice or label included in Licensed Content;
vii. except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any Licensed Content for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy;
viii. collect, aggregate, mine, scrape or otherwise use NoAI Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs.
6. Who Owns What
As between you and us, you own all rights, other than rights in the Licensed Content or as stated in the Service-Specific Terms (as defined in Section 7), in the Projects you develop under this agreement, and we or our licensors own all title, ownership rights, and intellectual property rights in the Licensed Content.
All rights granted to you under this Agreement are granted by the License only and not by sale, and all of those rights are limited by and subject to the terms of this Agreement. No license or other right will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.
Our Relationship
7. The Agreement Between You and the Content Licensor
a. Content Licensor
Unless the Epic services identify that a party other than Epic is making Licensed Content available to you when you initially access Licensed Content, Epic is the Content Licensor for that Licensed Content.
b. Amendments
If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Content you already have access to.
However, if we make changes to this Agreement, you will not be allowed to access certain Epic services or download new Licensed Content unless you have accepted the amended Agreement. If we make changes, Epic will provide you with notice, such as by sending an email or giving you notice when you next log into an Epic service. Any such amendment will only be effective when communicated to you by Epic.
If you accept an amended Agreement, the amended terms will apply to your use of Licensed Content including Licensed Content that you downloaded under any prior version of this Agreement.
c. Service-Specific Terms
Additional terms and conditions may apply to your use of certain Licensed Content. Those additional terms are set forth in the service-specific terms attached as addenda to this Agreement (“Service-Specific Terms”). You agree to comply with these Service-Specific Terms as part of this Agreement. If there is a conflict between Service-Specific Terms and other parts of this Agreement, Service-Specific Terms will control for that conflict with regard to the Licensed Content that is subject to the Service-Specific Terms.
d. Alternative Terms
With respect to your rights and obligations related to Licensed Content, this Agreement supersedes any prior Unreal Engine End User License Agreement For Publishing or Unreal Engine End User License Agreement For Creators you may have. Those agreements will continue to survive only to the extent that you continue to have rights and obligations under them related to Unreal Engine code and related content that is copied to your computer when you install Unreal Engine. Once you have also agreed to the Unreal Engine End User License Agreement (unrealengine.com/eula), those agreements will be superseded completely.
This Agreement, however, does not supersede, amend or otherwise affect other agreements you may have with Epic. For example, if Epic grants you a license to use Licensed Content to develop one or more products under a custom license, that custom license and not this Agreement governs your use of the Licensed Content.
e. Notice
Where this Agreement calls for notice from us, including written notice, we may provide notice to you through the Epic services or by any email address that you’ve provided to Epic. Our notices, when provided to you through the Epic services, will be effective when you access the Epic services, and when sent to you by email, will be effective when they are sent.
8. Who are You?
a. You
If you use the Licensed Content on behalf of another person or entity, (i) all references to “you” throughout this Agreement will include, and this Agreement will be binding on, that person or entity, (ii) you represent that you are authorized to accept this Agreement on that person’s or entity’s behalf, and (iii) in the event you violate this Agreement, that person or entity agrees to be responsible to us.
b. Eligibility for This Agreement
If you are under the age of legal majority where you live or otherwise require the consent of a parent or legal guardian to enter into this Agreement under applicable law, you may use the Licensed Content only under the supervision of a parent or legal guardian who also agrees to be bound by this Agreement.
You are not eligible to enter into this Agreement and may not download or use the Licensed Content if you are, or are acting on behalf of any person or entity that is (i) on the Specially Designated Nationals and Blocked Persons List or other similar lists maintained by any U.S. government entity pursuant to economic sanctions laws or (ii) located in, organized in, or ordinarily resident in any country or territory that is subject to a U.S. embargo, in each case unless your use of the Licensed Content is authorized by U.S. law.
c. Epic Account
In order to access and download the Licensed Content, you must first set up an account with us, which will be governed by Epic’s Terms of Service (epicgames.com/tos).
The License (as defined in Section 2) permits use of the Licensed Content only by individuals who have accessed it by using a valid user account (“Users”). If you are an individual, you are the User. If you are a legal entity, the individual employees or agents exercising your rights under this Agreement are Users. When exercising a legal entity’s rights under this Agreement, Users are not required to accept this Agreement as individuals. The User may store the Licensed Content on any of the User’s computers, but the Licensed Content cannot be shared with others except as described in this Agreement.
d. Use by Educational Institutions
As an exception to the above requirement that only Users may make use of the Licensed Content, if you are an educational institution, like a school or a library, you may store Licensed Content on any of your computers, and you may allow all users of those computers to use the Licensed Content under the License on those computers. However, those users are not authorized under your License to Distribute the Licensed Content (including as incorporated in a Project). For that, they must obtain a license of their own.
9. Who is Epic?
The Epic entity entering into this Agreement with you corresponds to where you live, as set forth below:
If you live (or if the primary place of business of the entity on whose behalf you are using the Licensed Technology is):
In the United States of America the Epic entity entering into this Agreement with you is Epic Games, Inc.
Outside of the United States of America the Epic entity entering into this Agreement with you is Epic Games Commerce, GmbH.
10. Privacy
Your privacy is important to Epic. Please review our Privacy Policy (epicgames.com/privacypolicy). It describes how Epic may collect, use, and share information when you use Licensed Content.
Other Rights and Obligations
11. Disclaimers
Nothing in this Agreement will prejudice any statutory rights that you have that may not be waived. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this and the next sections, so the below terms may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by the applicable laws of such jurisdictions.
THE LICENSED CONTENT IS PROVIDED BY THE CONTENT LICENSOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE CONTENT LICENSOR, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND, IF EPIC IS NOT THE CONTENT LICENSOR, EPIC (“CONTENT LICENSOR PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED CONTENT. YOUR USE OF THE LICENSED CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE CONTENT LICENSOR PARTIES DO NOT WARRANT THAT THE LICENSED CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
12. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR LICENSED CONTENT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION 12 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE CONTENT LICENSOR PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
13. Indemnification
This section only applies to the extent allowed by the applicable laws of your jurisdiction. If the applicable laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the applicable laws of your jurisdiction, all liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify and hold harmless the Content Licensor Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) arising out of or in connection with any third-party claims, demands, or actions (i) that, if true, would involve a breach by you of this Agreement (including, without limitation, any distribution or sublicensing of the Licensed Content in violation of this Agreement) or (ii) related to your Project or your exercise of the License (except to the extent the third party is alleging your authorized use of unmodified Epic developed Licensed Content originally provided to you by Epic under this Agreement infringes any patent, trademark, or copyright).
14. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to this Agreement will be governed by North Carolina law, exclusive of its choice of law rules. You and Epic agree to submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as 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 will be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
15. No Class Actions
To the maximum extent permitted by applicable law, you and Content Licensor agree to only bring disputes arising out of or related to this Agreement in an individual capacity and will not:
● seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
● consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement.
You have the right to opt-out of this class action waiver within 30 days of the date on which you first accepted this Agreement. To exercise this right, you must send written notice of your decision to the following address: Epic Games, Inc., Legal Department, ATTN: CLASS ACTION OPT-OUT, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Your notice must include your name, mailing address, and account name, and state that you wish to opt-out of this class action waiver. To be effective, this notice must be received by Epic and postmarked or deposited within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law. You are responsible for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt.
16. Miscellaneous
a. U.S. Government Matters; Export Control
The Licensed Content is a “Commercial Item” (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 Content will only be licensed to U.S. Government end users as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
You understand and agree that the Licensed Content may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in violation of applicable export control, economic sanctions, and import laws and regulations, such as the U.S. Export Administration Regulations and U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.
b. No Assignment
You may not assign your rights or obligations under this Agreement, including any rights to use the Licensed Content. Any attempted assignment in violation of the foregoing will be void. We may assign this Agreement, in whole or in part, with or without notice to you.
c. Relationship of the Parties
The relationship between you and Content Licensor will be that of independent signatories, and nothing in this Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.
d. Language
To the fullest extent permitted by applicable law, the controlling language for this Agreement is English. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. Any translation has been provided for your convenience.
e. No Waiver; Severability
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.
f. Third Party Beneficiaries
If Epic is not the Content Licensor, Epic is a third party beneficiary to this Agreement.
g. Survival
Upon conclusion of this Agreement, all rights and remedies of the Content Licensor will survive. Additionally, if Epic is not the Content Licensor, all rights and remedies of Epic will also survive.
h. Entire Agreement
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and the Content Licensor 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.
17. Artificial Intelligence
We care about protecting creators and providing the tools to protect their creations. Any Licensed Content that has been tagged, labeled, or otherwise marked “NoAI” via the functionality provided by the platform will be known as “NoAI Content.”
For purposes of this Agreement, “Generative AI Programs” means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content. You shall not collect, aggregate, mine, scrape, or otherwise use NoAI Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs.
Epic agrees, whether or not Licensed Content is NoAI Content, that it will not use Licensed Content or license Licensed Content to third parties for use in connection with Generative AI Programs, unless that Licensed Content is owned by Epic.
Service-Specific Terms
Marketplace Content Addendum
This Marketplace Content Addendum governs your use of code, artwork, and other content made available through the Unreal Engine Marketplace (“Marketplace Content”).
1. Marketplace Plug-ins
This section of the Marketplace Content Addendum governs your use of Licensed Content that is identified in the unreal Engine Marketplace as being a code plugin (“Plugins”).
Plugins contain code that is based upon or relies on Epic’s proprietary computer software program known as Unreal Engine (“Engine Code”). Engine Code is not part of the Licensed Content and is instead licensed to you by Epic as Licensed Technology under the terms of the Unreal Engine End User License Agreement (unrealengine.com/eula) (“Unreal Engine Agreement”), which you agree to by downloading or using Plugins. As such, any use you make of Plugins must also comply with the Unreal Engine Agreement. Use of Engine Code could require you to pay royalties to Epic. However, as described more fully in the Unreal Engine Agreement, you will never owe Epic royalty payments under that agreement unless a product directly generates more than $1,000,000 USD in gross revenue, and some uses of Engine Code, such as creating rendered video files, will never require you to pay royalties.
Plugins may be offered to you on a per user basis. Such Plugins may only be used by the number of users that you have purchased licenses for. Distribution of Plugins in source format to your employees, affiliates and contractors is permitted so long as use by those employees, affiliates and contractors does not cause you to exceed the number of paid users you have purchased for the Plugin. Any such Distributions will be subject to the terms of Section 4 of the Agreement. Additionally, any Projects you incorporate Plugins into may only be Distributed as Engine Tools under the Unreal Engine Agreement.
Megascans Content Addendum
This Megascans Content Addendum governs your use of 2D and 3D scanned objects and other materials made available through the Megascans Library (“Megascans Content”). Your right to use and share Megascans Content depends on what, if any, Megascans plan your account was enrolled in at the time you accessed the Licensed Content and whether you qualified for your Megascans plan at that time.
1. License Plans
a. Personal Plan
Megascans Content that you acquire from Epic while your account is enrolled in a personal plan for which you qualify may be used as any other Licensed Content. Such Megascans Content, however, may not be distributed in source format to anyone else.
You qualify for a personal plan only if you are an individual and either (i) use Megascans Content only for your personal purposes and not for any business or other commercial purpose or (ii) generate less than $100,000 USD in annual gross revenue. For purposes of this calculation, revenue includes any advances received or other funds raised. However, individuals who start on a personal plan will not be ineligible for the plan unless and until they generate more than $100,000 USD in annual gross revenue for two consecutive years.
b. Indie Plan
Megascans Content that you acquire from Epic while your account is enrolled in an indie plan for which you qualify may be used and shared as any other Licensed Content.
You qualify for an indie plan only if you, together with any controlling entity and other entities under common control with you, (i) generate less than $2,000,000 USD per year in annual gross revenue and (ii) are not affiliated with or funded by a publisher owned or controlled studio. For purposes of this calculation revenue includes any advances received or other funds raised.
c. Unreal Engine Plan (UE-Only Content)
Megascans Content that you acquire from Epic while your account is enrolled in an Unreal Engine plan may only be used and shared as UE-Only Content.
You qualify for an Unreal Engine plan if you have entered into an Unreal Engine End User License Agreement with Epic that is still active and valid.
d. Educational Plan
Megascans Content that an educational institution approved by Epic acquires under an account enrolled in an educational plan (“Educational Assets”) may only be used for non-commercial, educational purposes. You may deploy Educational Assets on computers in labs, classrooms, and other physical educational environments under your control and may allow Educational Assets to be accessed on a file server by students and instructors through a local area network or through a secure virtual private network (VPN) connection employing industry standard encryption and protection mechanisms. You may not and may not allow others to sell, license, or otherwise commercially use or exploit any Projects or services containing Educational Assets.
e. Free Assets
Megascans Content that you acquire from Epic under an account not enrolled in a Megascans plan may only be used for your internal evaluation purposes. Such Megascans Content may not be distributed to any party, either in source format or as part of a Project.
MetaHuman Content Addendum
This MetaHuman Content Addendum governs your use of digital human characters made available through MetaHuman Creator that you download (“MetaHuman Content”). “MetaHuman Creator” is Epic’s proprietary software, development tools, and platforms that enable the creation and animation of digital characters and their face, body, and clothing meshes and textures, hairstyle assets, body rigs, face rigs, and other features. MetaHuman Content includes both digital human characters created by your use of MetaHuman Creator and digital human characters created by or on behalf of Epic.
1. UE-Only Content
MetaHuman Content that you acquire may only be used and shared as UE-Only Content.
2. Who Owns What
As between you and Epic, you own your copyrights, trademark rights and publicity rights in scans and/or other assets you upload to MetaHuman Creator, including those embodied in MetaHuman Content. You also own the copyright interest you acquire in the depiction of rendered MetaHuman Content in Projects.
For avoidance of doubt, Epic exclusively owns and will retain ownership of copyrights, patent rights and other intellectual property rights in MetaHuman Creator and Rig Logic, including as embodied in MetaHuman Content. Epic does not assign or transfer ownership of any rights in or relating to MetaHuman Creator or Rig Logic to you. “Rig Logic” is Epic’s proprietary facial animation technology applied to and embedded in MetaHuman Content that includes sets of rules that help face rigs achieve a more life-like performance.
Tools Addendum
This Tools Addendum governs your use of tools that are made available to you in connection with Licensed Content (“Tools”). Tools include Bridge, a tool for accessing and managing your Megascans and MetaHumans Content, and Mixer, a texturing tool that can be used with Megascans Content.
1. How You Can Use Tools
You may only use Tools privately to assist you in creating Projects. No part of Tools may be incorporated into your Projects, however, and you may not modify or Distribute Tools, except as permitted under Section 4 of this Agreement.
2. Beta Tools
Some Tools may be provided to you as part of a public or private beta program (“Beta Tools”). Such Beta Tools will be labeled as Beta.
For Beta Tools, the following limitation of liability replaces Section 12 of the Epic Content License Agreement:
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD OR USE OF BETA TOOLS WILL NOT EXCEED $500. SEEKING DAMAGES AS LIMITED BY THIS SECTION 2 OF THE TOOLS ADDENDUM SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE CONTENT LICENSOR PARTIES RELATED TO BETA TOOLS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
Open Source Software Licensed under the Epic-Content-License-Agreement AND Unreal® Engine End User License Agreement:
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1. quixel megascans
© 2023, Epic Games, Inc. Quixel, Megascans, and Unreal Engine are trademarks or registered trademarks of Epic Games, Inc. in the USA and elsewhere.
You may find the original code here: https://quixel.com/megascans/home
Terms of the Epic-Content-License-Agreement AND Unreal® Engine End User License Agreement:
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Epic Content License Agreement
This Epic Content License Agreement (“Agreement”) applies to your use of certain digital content made available to you by Epic (“Licensed Content”). All Licensed Content you download or use is governed by this Agreement.
This Agreement is a legal document detailing your rights and obligations related to using Licensed Content. By downloading or using Licensed Content, you are agreeing to be bound by the terms of this Agreement. You enter into this agreement with each Content Licensor whose Licensed Content you download or use. If you do not or cannot agree to the terms of this Agreement, do not complete a download or use Licensed Content.
When we say, “you,” “your,” or “yourself,” we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say “Content Licensor,” “we” or “us,” we are referring to Epic, unless a party other than Epic is identified as the Content Licensor when you access Licensed Content. When we say “Epic” we are referring to the Epic entity for your region, as detailed in Section 9.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 15). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
Table of Contents
The Licensed Content
1. What Content Is Being Licensed to You
2. How You Can Use the Licensed Content
3. How You Can Share Projects You’ve Made with the Licensed Content
4. How You Can Share the Licensed Content When It Isn’t Part of a Project
5. Other Restrictions on Your Use of Licensed Content
6. Who Owns What
Our Relationship
7. The Agreement Between You and the Content Licensor
8. Who are You?
9. Who is Epic?
10. Privacy
Other Rights and Obligations
11. Disclaimers
12. Limitation of Liability
13. Indemnification
14. Governing Law and Jurisdiction
15. No Class Actions
16. Miscellaneous
17. Artificial Intelligence
The Licensed Content
1. What Content Is Being Licensed to You
Licensed Content includes any content that is made available to you by a Content Licensor under the terms of this Agreement. This includes, for example, content made available to you by Epic through the Unreal Engine Marketplace, Learn tab of the Epic Games Launcher, and the Quixel Megascans library.
2. How You Can Use the Licensed Content
We grant you a non-exclusive, non-transferable, non-sublicensable license to privately use, reproduce, display, perform, and modify the Licensed Content in accordance with the terms of this Agreement (the “License”). This means that as long as you are not violating this Agreement, such as by using the Licensed Content in violation of any applicable law or regulation or for any unlawful purpose, you can privately use the Licensed Content however you want. If you want to share the Licensed Content or anything you make with it, Sections 3 and 4 addresses when and how you can do that.
3. How You Can Share Projects You’ve Made with the Licensed Content
If you develop projects that combine the Licensed Content with any other software or content, regardless of how much or little of the Licensed Content is used (collectively “Projects”), you may only Distribute those Projects as expressly permitted under this Agreement.
“Distribute” means, with respect to a Project, to provide or otherwise make a copy of the Project available publicly or to any other person or entity or make the Project’s functionality available on a network.
a. Use by End Users, Publishers, and Distributors
You may Distribute Licensed Content incorporated in object code format only as an inseparable part of a Project to end users.
When you Distribute a Project to end users, you may permit end users to use, reproduce, display and publicly perform the Licensed Content, solely (1) as incorporated in the Project in object code as an inseparable part of the Project, (2) to the extent necessary for end users to make permitted uses of the Project, and (3) pursuant to an end user license agreement that explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Content. You may permit your publishers and distributors to market and Distribute a Project on your behalf, but only to the extent that you are permitted to make such Distribution yourself under this Section 3, and such Distribution will be subject to the terms of this Agreement.
This means, for example, you may Distribute software applications (such as video games) that include Licensed Content to the general public, whether directly by you or through a distributor or publisher.
b. Linear Media (e.g., Rendered Video Files)
You may freely Distribute Licensed Content incorporated into rendered linear media products.
This means, for example, you may freely Distribute rendered video files (e.g., broadcast or streamed video files, cartoons, or movies) or images created using Licensed Content.
4. How You Can Share the Licensed Content When It Isn’t Part of a Project
Except as otherwise stated in the Service-Specific Terms (as defined in Section 7), you may not Distribute Licensed Content in source format to third parties except to employees, affiliates, and contractors who are utilizing the Licensed Content in good faith to develop a Project on your behalf. Those employees, affiliates, and contractors you share Licensed Content with are not permitted to further Distribute the Licensed Content (including as incorporated in a Project) and must delete the Licensed Content once it is no longer needed for developing a Project on your behalf. You are responsible for ensuring that any employees, affiliates, or contractors you share Licensed Content with comply with the terms of this Agreement.
5. Other Restrictions on Your Use of Licensed Content
a. UE-Only Content
“UE-Only Content” means Licensed Content that is designated as only permitted for use in conjunction with Unreal Engine and Unreal Engine-based products as designated by Epic, such as Twinmotion.
b. Non-Compatible Licenses
You may not, and may not permit others to, combine, Distribute, or otherwise use Licensed Content with any code or other content which is covered by a license that would directly or indirectly require that all or part of any Licensed Content be governed under any terms other than those of this Agreement (those licenses, the “Non-Compatible Licenses”). This means, for example, that you may not combine Licensed Content with code or content that is licensed under any of the following licenses: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution-ShareAlike License.
c. General Restrictions
You may not:
i. attempt to reverse engineer, decompile, translate, disassemble, or derive source code from Licensed Content;
ii. sell, rent, lease, or transfer Licensed Content on a “stand-alone basis” (Projects must reasonably add value beyond the value of the Licensed Content, and the Licensed Content must be merely a component of the Project and not the primary focus of the Project);
iii. except as permitted under Section 4, allow any third party to use or access Licensed Content for the purpose of creating content (including, without limitation, for the purpose of using Licensed Content in world- or level-editing tools, modeling tools, or user-generated content) for distribution to the public; provided, however, this restriction does not apply to UE-Only Content;
iv. use Licensed Content in violation of applicable law;
v. use Licensed Content in any manner which violates the rights of a third party;
vi. remove, disable, circumvent, or modify any proprietary notice or label included in Licensed Content;
vii. except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any Licensed Content for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy;
viii. collect, aggregate, mine, scrape or otherwise use NoAI Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs.
6. Who Owns What
As between you and us, you own all rights, other than rights in the Licensed Content or as stated in the Service-Specific Terms (as defined in Section 7), in the Projects you develop under this agreement, and we or our licensors own all title, ownership rights, and intellectual property rights in the Licensed Content.
All rights granted to you under this Agreement are granted by the License only and not by sale, and all of those rights are limited by and subject to the terms of this Agreement. No license or other right will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.
Our Relationship
7. The Agreement Between You and the Content Licensor
a. Content Licensor
Unless the Epic services identify that a party other than Epic is making Licensed Content available to you when you initially access Licensed Content, Epic is the Content Licensor for that Licensed Content.
b. Amendments
If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Content you already have access to.
However, if we make changes to this Agreement, you will not be allowed to access certain Epic services or download new Licensed Content unless you have accepted the amended Agreement. If we make changes, Epic will provide you with notice, such as by sending an email or giving you notice when you next log into an Epic service. Any such amendment will only be effective when communicated to you by Epic.
If you accept an amended Agreement, the amended terms will apply to your use of Licensed Content including Licensed Content that you downloaded under any prior version of this Agreement.
c. Service-Specific Terms
Additional terms and conditions may apply to your use of certain Licensed Content. Those additional terms are set forth in the service-specific terms attached as addenda to this Agreement (“Service-Specific Terms”). You agree to comply with these Service-Specific Terms as part of this Agreement. If there is a conflict between Service-Specific Terms and other parts of this Agreement, Service-Specific Terms will control for that conflict with regard to the Licensed Content that is subject to the Service-Specific Terms.
d. Alternative Terms
With respect to your rights and obligations related to Licensed Content, this Agreement supersedes any prior Unreal Engine End User License Agreement For Publishing or Unreal Engine End User License Agreement For Creators you may have. Those agreements will continue to survive only to the extent that you continue to have rights and obligations under them related to Unreal Engine code and related content that is copied to your computer when you install Unreal Engine. Once you have also agreed to the Unreal Engine End User License Agreement (unrealengine.com/eula), those agreements will be superseded completely.
This Agreement, however, does not supersede, amend or otherwise affect other agreements you may have with Epic. For example, if Epic grants you a license to use Licensed Content to develop one or more products under a custom license, that custom license and not this Agreement governs your use of the Licensed Content.
e. Notice
Where this Agreement calls for notice from us, including written notice, we may provide notice to you through the Epic services or by any email address that you’ve provided to Epic. Our notices, when provided to you through the Epic services, will be effective when you access the Epic services, and when sent to you by email, will be effective when they are sent.
8. Who are You?
a. You
If you use the Licensed Content on behalf of another person or entity, (i) all references to “you” throughout this Agreement will include, and this Agreement will be binding on, that person or entity, (ii) you represent that you are authorized to accept this Agreement on that person’s or entity’s behalf, and (iii) in the event you violate this Agreement, that person or entity agrees to be responsible to us.
b. Eligibility for This Agreement
If you are under the age of legal majority where you live or otherwise require the consent of a parent or legal guardian to enter into this Agreement under applicable law, you may use the Licensed Content only under the supervision of a parent or legal guardian who also agrees to be bound by this Agreement.
You are not eligible to enter into this Agreement and may not download or use the Licensed Content if you are, or are acting on behalf of any person or entity that is (i) on the Specially Designated Nationals and Blocked Persons List or other similar lists maintained by any U.S. government entity pursuant to economic sanctions laws or (ii) located in, organized in, or ordinarily resident in any country or territory that is subject to a U.S. embargo, in each case unless your use of the Licensed Content is authorized by U.S. law.
c. Epic Account
In order to access and download the Licensed Content, you must first set up an account with us, which will be governed by Epic’s Terms of Service (epicgames.com/tos).
The License (as defined in Section 2) permits use of the Licensed Content only by individuals who have accessed it by using a valid user account (“Users”). If you are an individual, you are the User. If you are a legal entity, the individual employees or agents exercising your rights under this Agreement are Users. When exercising a legal entity’s rights under this Agreement, Users are not required to accept this Agreement as individuals. The User may store the Licensed Content on any of the User’s computers, but the Licensed Content cannot be shared with others except as described in this Agreement.
d. Use by Educational Institutions
As an exception to the above requirement that only Users may make use of the Licensed Content, if you are an educational institution, like a school or a library, you may store Licensed Content on any of your computers, and you may allow all users of those computers to use the Licensed Content under the License on those computers. However, those users are not authorized under your License to Distribute the Licensed Content (including as incorporated in a Project). For that, they must obtain a license of their own.
9. Who is Epic?
The Epic entity entering into this Agreement with you corresponds to where you live, as set forth below:
If you live (or if the primary place of business of the entity on whose behalf you are using the Licensed Technology is):
In the United States of America the Epic entity entering into this Agreement with you is Epic Games, Inc.
Outside of the United States of America the Epic entity entering into this Agreement with you is Epic Games Commerce, GmbH.
10. Privacy
Your privacy is important to Epic. Please review our Privacy Policy (epicgames.com/privacypolicy). It describes how Epic may collect, use, and share information when you use Licensed Content.
Other Rights and Obligations
11. Disclaimers
Nothing in this Agreement will prejudice any statutory rights that you have that may not be waived. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this and the next sections, so the below terms may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by the applicable laws of such jurisdictions.
THE LICENSED CONTENT IS PROVIDED BY THE CONTENT LICENSOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE CONTENT LICENSOR, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND, IF EPIC IS NOT THE CONTENT LICENSOR, EPIC (“CONTENT LICENSOR PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED CONTENT. YOUR USE OF THE LICENSED CONTENT IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE CONTENT LICENSOR PARTIES DO NOT WARRANT THAT THE LICENSED CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
12. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR LICENSED CONTENT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION 12 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE CONTENT LICENSOR PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
13. Indemnification
This section only applies to the extent allowed by the applicable laws of your jurisdiction. If the applicable laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the applicable laws of your jurisdiction, all liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify and hold harmless the Content Licensor Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) arising out of or in connection with any third-party claims, demands, or actions (i) that, if true, would involve a breach by you of this Agreement (including, without limitation, any distribution or sublicensing of the Licensed Content in violation of this Agreement) or (ii) related to your Project or your exercise of the License (except to the extent the third party is alleging your authorized use of unmodified Epic developed Licensed Content originally provided to you by Epic under this Agreement infringes any patent, trademark, or copyright).
14. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to this Agreement will be governed by North Carolina law, exclusive of its choice of law rules. You and Epic agree to submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as 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 will be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
15. No Class Actions
To the maximum extent permitted by applicable law, you and Content Licensor agree to only bring disputes arising out of or related to this Agreement in an individual capacity and will not:
● seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
● consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement.
You have the right to opt-out of this class action waiver within 30 days of the date on which you first accepted this Agreement. To exercise this right, you must send written notice of your decision to the following address: Epic Games, Inc., Legal Department, ATTN: CLASS ACTION OPT-OUT, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Your notice must include your name, mailing address, and account name, and state that you wish to opt-out of this class action waiver. To be effective, this notice must be received by Epic and postmarked or deposited within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law. You are responsible for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt.
16. Miscellaneous
a. U.S. Government Matters; Export Control
The Licensed Content is a “Commercial Item” (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 Content will only be licensed to U.S. Government end users as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
You understand and agree that the Licensed Content may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in violation of applicable export control, economic sanctions, and import laws and regulations, such as the U.S. Export Administration Regulations and U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.
b. No Assignment
You may not assign your rights or obligations under this Agreement, including any rights to use the Licensed Content. Any attempted assignment in violation of the foregoing will be void. We may assign this Agreement, in whole or in part, with or without notice to you.
c. Relationship of the Parties
The relationship between you and Content Licensor will be that of independent signatories, and nothing in this Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.
d. Language
To the fullest extent permitted by applicable law, the controlling language for this Agreement is English. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. Any translation has been provided for your convenience.
e. No Waiver; Severability
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.
f. Third Party Beneficiaries
If Epic is not the Content Licensor, Epic is a third party beneficiary to this Agreement.
g. Survival
Upon conclusion of this Agreement, all rights and remedies of the Content Licensor will survive. Additionally, if Epic is not the Content Licensor, all rights and remedies of Epic will also survive.
h. Entire Agreement
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and the Content Licensor 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.
17. Artificial Intelligence
We care about protecting creators and providing the tools to protect their creations. Any Licensed Content that has been tagged, labeled, or otherwise marked “NoAI” via the functionality provided by the platform will be known as “NoAI Content.”
For purposes of this Agreement, “Generative AI Programs” means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content. You shall not collect, aggregate, mine, scrape, or otherwise use NoAI Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs.
Epic agrees, whether or not Licensed Content is NoAI Content, that it will not use Licensed Content or license Licensed Content to third parties for use in connection with Generative AI Programs, unless that Licensed Content is owned by Epic.
Service-Specific Terms
Marketplace Content Addendum
This Marketplace Content Addendum governs your use of code, artwork, and other content made available through the Unreal Engine Marketplace (“Marketplace Content”).
1. Marketplace Plug-ins
This section of the Marketplace Content Addendum governs your use of Licensed Content that is identified in the unreal Engine Marketplace as being a code plugin (“Plugins”).
Plugins contain code that is based upon or relies on Epic’s proprietary computer software program known as Unreal Engine (“Engine Code”). Engine Code is not part of the Licensed Content and is instead licensed to you by Epic as Licensed Technology under the terms of the Unreal Engine End User License Agreement (unrealengine.com/eula) (“Unreal Engine Agreement”), which you agree to by downloading or using Plugins. As such, any use you make of Plugins must also comply with the Unreal Engine Agreement. Use of Engine Code could require you to pay royalties to Epic. However, as described more fully in the Unreal Engine Agreement, you will never owe Epic royalty payments under that agreement unless a product directly generates more than $1,000,000 USD in gross revenue, and some uses of Engine Code, such as creating rendered video files, will never require you to pay royalties.
Plugins may be offered to you on a per user basis. Such Plugins may only be used by the number of users that you have purchased licenses for. Distribution of Plugins in source format to your employees, affiliates and contractors is permitted so long as use by those employees, affiliates and contractors does not cause you to exceed the number of paid users you have purchased for the Plugin. Any such Distributions will be subject to the terms of Section 4 of the Agreement. Additionally, any Projects you incorporate Plugins into may only be Distributed as Engine Tools under the Unreal Engine Agreement.
Megascans Content Addendum
This Megascans Content Addendum governs your use of 2D and 3D scanned objects and other materials made available through the Megascans Library (“Megascans Content”). Your right to use and share Megascans Content depends on what, if any, Megascans plan your account was enrolled in at the time you accessed the Licensed Content and whether you qualified for your Megascans plan at that time.
1. License Plans
a. Personal Plan
Megascans Content that you acquire from Epic while your account is enrolled in a personal plan for which you qualify may be used as any other Licensed Content. Such Megascans Content, however, may not be distributed in source format to anyone else.
You qualify for a personal plan only if you are an individual and either (i) use Megascans Content only for your personal purposes and not for any business or other commercial purpose or (ii) generate less than $100,000 USD in annual gross revenue. For purposes of this calculation, revenue includes any advances received or other funds raised. However, individuals who start on a personal plan will not be ineligible for the plan unless and until they generate more than $100,000 USD in annual gross revenue for two consecutive years.
b. Indie Plan
Megascans Content that you acquire from Epic while your account is enrolled in an indie plan for which you qualify may be used and shared as any other Licensed Content.
You qualify for an indie plan only if you, together with any controlling entity and other entities under common control with you, (i) generate less than $2,000,000 USD per year in annual gross revenue and (ii) are not affiliated with or funded by a publisher owned or controlled studio. For purposes of this calculation revenue includes any advances received or other funds raised.
c. Unreal Engine Plan (UE-Only Content)
Megascans Content that you acquire from Epic while your account is enrolled in an Unreal Engine plan may only be used and shared as UE-Only Content.
You qualify for an Unreal Engine plan if you have entered into an Unreal Engine End User License Agreement with Epic that is still active and valid.
d. Educational Plan
Megascans Content that an educational institution approved by Epic acquires under an account enrolled in an educational plan (“Educational Assets”) may only be used for non-commercial, educational purposes. You may deploy Educational Assets on computers in labs, classrooms, and other physical educational environments under your control and may allow Educational Assets to be accessed on a file server by students and instructors through a local area network or through a secure virtual private network (VPN) connection employing industry standard encryption and protection mechanisms. You may not and may not allow others to sell, license, or otherwise commercially use or exploit any Projects or services containing Educational Assets.
e. Free Assets
Megascans Content that you acquire from Epic under an account not enrolled in a Megascans plan may only be used for your internal evaluation purposes. Such Megascans Content may not be distributed to any party, either in source format or as part of a Project.
MetaHuman Content Addendum
This MetaHuman Content Addendum governs your use of digital human characters made available through MetaHuman Creator that you download (“MetaHuman Content”). “MetaHuman Creator” is Epic’s proprietary software, development tools, and platforms that enable the creation and animation of digital characters and their face, body, and clothing meshes and textures, hairstyle assets, body rigs, face rigs, and other features. MetaHuman Content includes both digital human characters created by your use of MetaHuman Creator and digital human characters created by or on behalf of Epic.
1. UE-Only Content
MetaHuman Content that you acquire may only be used and shared as UE-Only Content.
2. Who Owns What
As between you and Epic, you own your copyrights, trademark rights and publicity rights in scans and/or other assets you upload to MetaHuman Creator, including those embodied in MetaHuman Content. You also own the copyright interest you acquire in the depiction of rendered MetaHuman Content in Projects.
For avoidance of doubt, Epic exclusively owns and will retain ownership of copyrights, patent rights and other intellectual property rights in MetaHuman Creator and Rig Logic, including as embodied in MetaHuman Content. Epic does not assign or transfer ownership of any rights in or relating to MetaHuman Creator or Rig Logic to you. “Rig Logic” is Epic’s proprietary facial animation technology applied to and embedded in MetaHuman Content that includes sets of rules that help face rigs achieve a more life-like performance.
Tools Addendum
This Tools Addendum governs your use of tools that are made available to you in connection with Licensed Content (“Tools”). Tools include Bridge, a tool for accessing and managing your Megascans and MetaHumans Content, and Mixer, a texturing tool that can be used with Megascans Content.
1. How You Can Use Tools
You may only use Tools privately to assist you in creating Projects. No part of Tools may be incorporated into your Projects, however, and you may not modify or Distribute Tools, except as permitted under Section 4 of this Agreement.
2. Beta Tools
Some Tools may be provided to you as part of a public or private beta program (“Beta Tools”). Such Beta Tools will be labeled as Beta.
For Beta Tools, the following limitation of liability replaces Section 12 of the Epic Content License Agreement:
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT LICENSOR PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR DOWNLOAD OR USE OF BETA TOOLS WILL NOT EXCEED $500. SEEKING DAMAGES AS LIMITED BY THIS SECTION 2 OF THE TOOLS ADDENDUM SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE CONTENT LICENSOR PARTIES RELATED TO BETA TOOLS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
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And also:
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Unreal® Engine End User License Agreement
To see the EULA change log click here.
This Unreal Engine End User License Agreement (the “Agreement”) applies to your use of Unreal Engine, Epic’s real-time 3D creation tool. Unreal Engine can be used for a wide range of applications, including video games; virtual production and virtual sets for film and television; immersive visualization and design reviews for architecture and automotive; animated content for entertainment or commercials; education; simulation for training purposes, and much more.
This Agreement is a legal document detailing your rights and obligations related to using Epic’s proprietary computer software program known as Unreal® Engine and any updates or upgrades to the program made available by Epic (the “Licensed Technology”). By downloading or using the Licensed Technology, you are agreeing to be bound by the terms of this Agreement, and this Agreement will be effective upon the first of those events to occur. If you do not or cannot agree to the terms of this Agreement, do not use the Licensed Technology. When we say, “you,” “your” or “yourself”, we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say “Epic,” “we” or “us,” we are referring to the Epic entity responsible for providing the Licensed Technology in your region detailed in Section 10.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 17). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.
Table of Contents
The Licensed Technology
1. What Technology Epic Is Licensing to You
2. How You Can Use the Licensed Technology
3. What you Pay Epic for Using the Licensed Technology
4. How You Can Distribute Products You’ve Made with the Licensed Technology
5. How You Can Distribute the Licensed Technology When It Isn’t Part of a Product
6. Other Restrictions on Your Use of the Licensed Technology
7. Who Owns What
Our Relationship
8. The Agreement Between You and Epic
9. Who are You?
10. Who is Epic?
11. Privacy
12. Records and Audits
Other Rights and Obligations
13. Disclaimers
14. Limitation of Liability
15. Indemnification
16. Governing Law and Jurisdiction
17. No Class Actions
18. Miscellaneous
Royalty Addendum
1. What Products Require Royalty Payments to Epic
2. Prerequisites for Distributing a Product Requiring Royalty Payments
3. What is the Royalty Rate?
4. How the Royalty Payment Is Calculated
5. Additional Examples
6. Reporting and Making Your Royalty Payments
7. Other Obligations You Have
The Licensed Technology
1. What Technology Epic Is Licensing to You
The Licensed Technology licensed to you under this Agreement includes all Unreal Engine code and related Epic-provided content that you access when you download, use, or install Unreal Engine. This includes Engine Code, Examples, and Starter Content.
“Engine Code” means the Source Code (as defined below) and object code of Unreal Engine, including any future versions made available to you by us under this Agreement and any object code compiled from that Source Code.
“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.
“Examples” means the code, artwork, or other content made available by us in the Samples and Templates folders in the install directory.
“Starter Content” means the code, artwork, or other content made available by us and installed to your computer in connection with Unreal Engine, excluding Examples.
The Licensed Technology includes any modified version of any of the foregoing that you make under the License.
Licensed Technology does not include any items, assets, content, or other materials that we may make available to you in other ways (the “Content”), even if that Content can be used with Unreal Engine. For example, assets you may download from an Epic-operated online marketplace (including, but not limited to, Fab) are not Licensed Technology and are not licensed to you under the terms of this Agreement.
2. How You Can Use the Licensed Technology
Epic grants you a non-exclusive, non-transferable, non-sublicensable license to privately use, reproduce, display, perform, and modify the Licensed Technology in accordance with the terms of this Agreement (the “License”). This means that as long as you are not violating this Agreement (such as by exceeding the Seat limitation stated in Section 6(a)) or applicable law, you can privately use the Licensed Technology however you want, including to develop Products. By “Products” we mean products, services, or any other projects that either (a) are made using any Licensed Technology or (b) combine any Licensed Technology with any other software or content. If you want to Distribute the Licensed Technology or any Products you have made, Sections 4 and 5 below address when and how you can do that.
3. What you Pay Epic for Using the Licensed Technology
Depending on how you use the Licensed Technology, you may be obligated to pay Epic either royalty payments, or seat subscription fees, or a combination under this Agreement:
(a) If you are developing a Royalty Product (as defined in Section 4(b)), you do not need to pay Epic any seat subscription fees for that use of the Licensed Technology. However, you may need to pay Epic royalties on the worldwide gross revenue attributable to each Royalty Product. See the Royalty Addendum for information on how royalties are calculated and for what revenue is excluded from the obligation.
(b) For any other use of the Licensed Technology, you will need to purchase seat subscriptions (described in Section 6(a)) for each developer who accesses the Licensed Technology unless you qualify for an exception. See Section 6(b) for exceptions related to personal hobbyists, indie developers (those making less than $1,000,000 a year), non-commercial uses, and educational institutions.
4. How You Can Distribute Products You’ve Made with the Licensed Technology
You may only Distribute Products as expressly permitted in this Section 4. Any Product that you Distribute that incorporates Licensed Technology must incorporate the Licensed Technology only in object code and only as an inseparable part of the Product.
“Distribute” means, with respect to code or a Product, to provide or otherwise make a copy of the code or Product available publicly or to any other person or entity or make its functionality available on a network.
a. Royalty-Free Distribution
As described in this Section 4(a), you may Distribute certain Products to certain persons or entities without any obligation to pay us royalties (“Royalty-Free Products”), even if you are monetizing that Distribution. Royalty-Free Products may still be subject to seat subscription requirements described in Sections 6(a) and 6(b).
i. Non-Engine Products (e.g., Rendered Video Files)
You will not be obligated to pay us any royalty payments for Distributing Products that (i) do not include any Engine Code, (ii) do not require any Engine Code to run and (iii) do not include Starter Content in source format (“Non-Engine Products”) to any person or entity.
This means, for example, you will not be obligated to pay us royalties for Distributing:
rendered video files (e.g., broadcast or streamed video files, cartoons, movies, or images) created using the Engine Code (even if the video files include rendered depictions of Starter Content) or
asset files, such as character models and animations, other than Starter Content, that you developed using Engine Code. Such asset files remain Non-Engine Products even if included in Products that use or rely on other video game engines.
Please note that certain assets that we make available under separate agreements are available for use only with Unreal Engine.
ii. Indirect Revenue
You will not be obligated to pay us any royalty payments for Distributing Products to any person or entity if the Products do not directly generate revenue -- i.e., no revenue is attributable to any Product access, including features and functionality within the Product, or to any in-Product benefits.
This means, for example, that Distribution of a free car configurator app (a Product) used to sell cars will not result in royalties owed on sales of the cars themselves, even if the sales are made via the configurator app.
iii. Other Royalty-Free Distributions
You will not be obligated to pay us any royalty payments for Distributing Products:
A. To the legal entities that are part of your company group, such as a parent company or a subsidiary, for their private use, so long as those entities do not further Distribute the Products outside of your company group.
This means, for example, applications (which would be Products) you create for internal use within your company can also be shared with your parent company, your subsidiary, or another subsidiary of your parent company without royalty obligation to Epic.
B. To a single client who hired you to develop a Product specifically for their private use on a work-for-hire basis subject to a written agreement that either (i) recognizes the client as the author of the Product for copyright purposes or (ii) that assigns all of your copyright interest in and to the Product to the client. Neither you nor your client are authorized to further Distribute the Product or any variation of the Product.
This means, for example, if you are hired to create an application (a Product), you can Distribute that application to your client without royalty obligation to Epic.
C. That are used, displayed, and performed solely at physical locations under your control or the control of your authorized distributors and that are not otherwise Distributed to end users.
This means, for example, that you may use the Licensed Technology in interactive amusement park rides, coin-op arcades, or location-based experiences without royalty obligation to Epic.
b. Royalty Bearing Distribution
Distributions of any Product that is not a Royalty-Free Product (such Products, “Royalty Products”) will be subject to the terms of the attached Royalty Addendum. Additionally, any advance on Royalty Product revenue you receive to develop a Royalty Product will be subject to the Royalty Addendum. However, as described more fully in the Royalty Addendum, you will not be obligated to pay us royalty payments under this Agreement unless a Product directly generates more than $1,000,000 USD in gross revenue.
A Royalty Product includes any Ports of that Royalty Product. A “Port” means a Royalty Product which (a) is an adaptation of an already released Royalty Product under an existing Unreal Engine License Agreement for its release on a different platform, regardless of what platforms that Royalty Product is originally released on; or (b) is crossplay or multiplayer compatible with substantially similar gameplay to an already released Royalty Product under an existing Unreal Engine License Agreement.
This means, for example, that you may be obligated to pay royalties to Epic for Products that are sold to the general public or for off-the-shelf Products that you sell privately to third parties, whether directly by you or through a distributor or publisher.
c. Use by End Users, Publishers, and Distributors
When you Distribute a Product, you may permit end users to use, reproduce, display and publicly perform the Licensed Technology, solely (1) as incorporated in the Product in object code as an inseparable part of the Product, (2) to the extent necessary for end users to make permitted uses of the Product, and (3) pursuant to an end user license agreement that explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Technology. You may not permit your end users to incorporate any Licensed Technology into their own products, services, or other projects. You may, however, permit your publishers and distributors to market and Distribute a Product on your behalf, but only to the extent that you are permitted to make such Distribution yourself under this Section 4, and such Distribution will be subject to the terms of this Agreement.
5. How You Can Distribute the Licensed Technology When It Isn’t Part of a Product
You may only Distribute the Licensed Technology (including as modified by you) outside of a Product as expressly permitted by this Section 5.
a. Distributing Engine Code
i. Distributing Engine Code to Another Licensee
You may Distribute Engine Code (including as modified by you) in Source Code or object code to a third party who is separately licensed by us to use the same version of the Engine Code that you are Distributing.
Any public Distribution of Engine Tools (e.g., intended generally for third parties who are separately licensed by us to use the Engine Code) must take place through a marketplace operated by Epic such as the Fab 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).
ii. Distributing Engine Code for Public Discussion
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 third parties without a license to the Engine Code to use or modify any Engine Code or to aggregate, recombine, or reconstruct any larger portion of the Engine Code.
b. Distributing Examples
You may Distribute Examples (including as modified by you) in Source Code or object code to any third party.
c. Distributing Non-C++ Program 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 in Source Code (including, but not limited to, any compiler, linker, toolchain, and runtime), free of charge, to all third parties who are separately licensed by us to use Unreal Engine, and under a license that permits licensees to Distribute the integration free of charge, on all platforms, in any Product.
6. Other Restrictions on Your Use of the Licensed Technology
a. Seat Subscriptions
Except as stated in Section 6(b), only Users (as defined in Section 9(c)) who have been assigned a Seat may access the Licensed Technology for the purpose of developing a Royalty-Free Product. “Seat” means the right granted to you by Epic to allow one User to access and use the Licensed Technology on your behalf in accordance with the terms and conditions of this Agreement. Seats are offered as automatically renewing subscriptions.
An individual Seat is personal to the User to which it has been assigned, and you must reassign a Seat before allowing it to be utilized by a different User. A User may access the Licensed Technology from multiple computers or workstations while still only occupying a single Seat. Conversely, two Users accessing the Licensed Technology from a single computer or workstation would occupy two Seats.
This means, for example, that if you only use the Licensed Technology to develop games that will be offered to the general public then you do not need to purchase any Seat subscriptions. If, however, you also use the Licensed Technology to privately develop Products for clients or your own internal uses, or to make other Royalty-Free Products, those working on such Products would need Seat subscriptions.
b. Exceptions to Seat Subscription Requirements
The following exceptions apply to the Seat subscription requirements stated in Section 6(a).
i. Personal and indie exception. During any period that you, together with any entities in your corporate group, have generated less than $1,000,000 USD in gross revenue over the last 12 months, the Seat subscription requirement will not apply to your Users. For purposes of this calculation, your corporate group means any entities that control, are controlled by, or are under common control with you and revenue includes any advances received or other funds raised.
ii. Educational exception. If you are an educational institution, like a school or a library, the Seat subscription requirement does not apply to your Users when they are accessing the Licensed Technology only for educational purposes.
iii. Non-commercial exception. The Seat subscription requirement does not apply to your Users when they are accessing the Licensed Technology only for non-commercial purposes. Non-commercial purpose means a purpose without any direct or indirect commercial benefit. All uses of the Licensed Technology by or on behalf of commercial entities are regarded as being for commercial purposes.
c. Non-Compatible Licenses
You may not, and may not permit others to, 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 (those licenses, the “Non-Compatible Licenses”). This means, for example, that you may not combine the Licensed Technology with code or content that is licensed under any of the following licenses: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution-ShareAlike License.
d. Restrictions on Engine Tools
If your Product includes Engine Tools, you may only Distribute it through either the Fab Marketplace or through a fork of Epic’s GitHub UnrealEngine Network. “Engine Tools” means the (i) editors and other tools included in the Engine Code; (ii) any code and modules in either the Developer or Editor folders, including in object code format, whether statically or dynamically linked; and (iii) other software that may be used to develop standalone products based on the Licensed Technology.
e. General Restrictions
You must ensure that your activities with the Licensed Technology do not:
violate any applicable law or regulation;
result in the Licensed Technology being rented or leased;
misappropriate any of our other products or services;
support a claim by you or any third party that the Licensed Technology infringes a patent;
result in a sale or grant of a security interest in any Licensed Technology;
result in a Distribution of a Product or the Licensed Technology in any manner other than as permitted by Sections 4 and 5;
result in using the Licensed Technology as a training input to any Generative AI Program or as prompt-based input where the Generative AI Program trains on input data. “Generative AI Program” means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content; or
use, or permit others to use, MetaHuman digital characters and animation curves (or any rendered output thereof if crafted to replicate the functionality of MetaHuman) to build or enhance any database or training or testing any artificial intelligence, machine learning, deep learning, neural networks, or similar technologies.
7. Who Owns What
As between you and us, you own all rights, other than rights in the Licensed Technology, in the Products you develop under this Agreement, and we own all title, ownership rights, and intellectual property rights in the Licensed Technology.
All rights granted to you under this Agreement are granted by the License only and not by sale, and all of those rights are limited by and subject to the terms of this Agreement. No license or other right in any Epic technology or intellectual property rights other than the Licensed Technology is granted under this Agreement, and no license or other rights will be created under this Agreement by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.
a. Proprietary Notices and Attribution
You agree to retain the copyright, trademark, and other proprietary notices and disclaimers of Epic as they appear in the Licensed Technology.
If a Product you develop under this Agreement has credits, you must place the following notices in the credits (replacing xxxx with the current year):
“[Product name] uses 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 is granted under this Agreement in the trademarks, service marks, trade names, and logos associated with Epic, Epic’s games and other intellectual property, including the Unreal Engine and MetaHuman names and logos (the “Epic Trademarks”). 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 unrealengine.com/branding for more information.
b. Third Party Software
The Licensed Technology incorporates and is bundled with code developed by third parties (the “Third Party Software”) that may be subject to additional or alternative license terms. If Third Party Software is incorporated in the Licensed Technology and is subject to additional license terms, those terms or other attribution requirements can be found in the installation directory for each engine version under the /Engine/Source/ThirdParty/Licenses sub-folder. Third Party Software that is only bundled with the Licensed Technology as independent, standalone software can be found in the installation directory for each engine version under the /Engine/Extras/ThirdPartyNotUE/ sub-folder. This Third Party Software is not itself Licensed Technology and is instead licensed to you directly by its authors under the license terms provided in the /Engine/Extras/ThirdPartyNotUE/ sub-folder.
By entering into this Agreement and using Third Party Software, you are accepting the terms of those additional or alternative licenses. In the case of additional license terms, the additional license terms will take precedence over any inconsistencies with the terms of this License with regard to the Third Party Software licensed under those additional license terms. 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.
c. Feedback and Contributions
You grant Epic a right to freely use and disclose any feedback or suggestions that you provide to us regarding the Licensed Technology (the “Feedback”). You acknowledge that we may use any Feedback, including any ideas contained in Feedback, for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, modify, or improve the Licensed Technology in our sole discretion. You understand that we may treat Feedback as non-confidential.
You 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 any Contributions for all current and future methods and forms of exploitation in any country. “Contributions” means any information or content, including software or code, that (a) you make available to Epic via submissions to forums, wiki, Epic’s GitHub UnrealEngine Network, or other source code repository under our control and that are based upon or incorporate the Licensed Technology or (b) that you provide to Epic and explicitly designate in writing as a 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. If any rights to be licensed under this Section 7(c) may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any of those rights.
d. License You Grant Epic to Cloud Input Data
When you use cloud features of the Licensed Technology, you are temporarily granting access to your relevant data (“Cloud Input Data”) to Epic or its affiliates, and you grant Epic permission to use Cloud Input Data for the sole purpose of generating the data you request from those cloud features. Epic does not retain your Cloud Input Data after it is processed. Epic does not use your Cloud Input Data for any purpose other than satisfying your request. You will ensure you do not provide Cloud Input Data unless you have all rights necessary to have Epic and its affiliates process it on your behalf and you provided all required notices and obtained all necessary consents from any individuals whose likeness is captured in the Cloud Input Data as required by applicable law.
Our Relationship
8. The Agreement Between You and Epic
a. Amendments
If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Technology you already have access to.
However, if we make changes to this Agreement, you will not be allowed to access certain Epic services or download the Licensed Technology unless you have accepted the amended Agreement. If we make changes, we will provide you with notice, such as by sending an email or giving you notice when you next log into an Epic service.
b. Alternative and Additional Terms
With respect to your rights and obligations related to Licensed Technology, this Agreement supersedes any prior Unreal Engine End User License Agreement for Publishing, Unreal Engine End User License Agreement for Creators, and MetaHuman Creator End User License Agreement you may have. Those agreements will continue to survive only to the extent that you continue to have rights and obligations under them related to Content. Once you have also agreed to the Epic Content License Agreement (unrealengine.com/eula/content), those agreements will be superseded completely.
This Agreement, however, does not supersede, amend or otherwise affect other agreements you may have with us or any sublicensor authorized by us, other than as described in Section 8(a). For example, if we grant you a license to use Unreal Engine to develop one or more products under a custom license, that custom license and not this Agreement governs your use of Unreal Engine and related materials with respect to those products.
c. Notice
Where this Agreement calls for notice from us, including written notice, we may provide notice to you through the Epic services or by any email address that you’ve provided to us. Our notices, when provided to you through the Epic services, will be effective when you access the Epic services, and when sent to you by email, will be effective when they are sent.
9. Who are You?
a. You
If you use the Licensed Technology on behalf of another person or entity, (i) all references to “you” throughout this Agreement will include, and this Agreement will be binding on, that person or entity, (ii) you represent that you are authorized to accept this Agreement on that person’s or entity’s behalf, and (iii) in the event you violate this Agreement, that person or entity agrees to be responsible to us.
b. Eligibility for This Agreement
If you are under the age of legal majority where you live or otherwise require the consent of a parent or legal guardian to enter into this Agreement under applicable law, you may use the Licensed Technology only under the supervision of a parent or legal guardian who also agrees to be bound by this Agreement.
You are not eligible to enter into this Agreement and may not download or use the Licensed Technology if you are, or are acting on behalf of any person or entity that is (i) listed on or otherwise subject to restrictions under, the Specially Designated Nationals and Blocked Persons List or other similar lists maintained by any U.S. government entity pursuant to economic sanctions laws or (ii) located in, organized in, or ordinarily resident in any country or territory that is subject to a U.S. embargo or other legal prohibition against receiving the Licensed Technology, in each case unless your use of the Licensed Technology is authorized by U.S. law.
c. Epic Account and Your Users
In order to access and download the Licensed Technology, you must first set up an account with us, which will be governed by Epic’s Terms of Service (epicgames.com/tos).
The License (as defined in Section 2) permits use of the Licensed Technology only by individuals who have accessed it by using a valid user account (“Users”). If you are an individual, you are the User. If you are a legal entity, the individual employees or agents exercising your rights under this Agreement are Users. When exercising a legal entity’s rights under this Agreement, Users are not required to accept this Agreement as individuals. The User may store the Licensed Technology on any of the User’s computers, but the Licensed Technology cannot be shared with others except as part of a permitted Distribution of Licensed Technology as described in Sections 4 and 5.
d. Use by Educational Institutions
As an exception to the above requirement that only a User may use the Licensed Technology, if you are an educational institution, like a school or a library, you may store Licensed Technology on any of your computers, and you may allow all users of those computers to use the Licensed Technology under the License on those computers. However, those users are not authorized under your License to Distribute the Licensed Technology (including as incorporated in a Product). For that, they must obtain a License of their own.
10. Who is Epic?
The Epic entity entering into this Agreement with you corresponds to where you live, as set forth below:
If you live (or if the primary place of business of the entity on whose behalf you are using the Licensed Technology is):
In the United States of America the Epic entity entering into this Agreement with you is Epic Games, Inc.
Outside of the United States of America the Epic entity entering into this Agreement with you is Epic Games Commerce GmbH.
11. Privacy
Your privacy is important to us. Please review our Privacy Policy (epicgames.com/privacypolicy). It describes how we collect, use, and share information when you use the Epic services that link to this Privacy Policy.
If you are using the Licensed Technology on behalf of your employer (such as by registering your Epic account with an email address associated with your employer's corporate domain) Epic may, at your employer's request, share your email address with your employer for the purpose of your employer's compliance with the Seat subscription requirements in this Agreement.
12. Records and Audits
You will keep accurate books and records that are reasonably sufficient to verify your compliance with the Seat subscription requirements and the Royalty Addendum. Epic or its designated representatives may upon reasonable prior notice to you conduct reasonable audits of those books and records. Any such audit (a) will be conducted by an independent third party auditor designated by Epic, (b) will not unreasonably interfere with your business activities, (c) may be conducted no more frequently than once every twelve (12) months, and (d) will be conducted during regular business hours. Provided you have complied with this Section 12, Epic will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited. In all other cases, you will reimburse Epic for the cost of the audit.
Other Rights and Obligations
13. Disclaimers
Nothing in this Agreement will prejudice any statutory rights that you have that may not be waived. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this and the next sections, so the below terms may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by the applicable laws of such jurisdictions.
THE LICENSED TECHNOLOGY, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, CODE, AND SOFTWARE, ARE PROVIDED BY EPIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPIC AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE “EPIC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED TECHNOLOGY. YOUR USE OF THE LICENSED TECHNOLOGY IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE EPIC PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE EPIC PARTIES DO NOT WARRANT THAT THE LICENSED TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
14. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO EPIC UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION 14 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE EPIC PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
15. Indemnification
This section only applies to the extent allowed by the applicable laws of your jurisdiction. If the applicable laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the applicable laws of your jurisdiction, all liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense cost of, and hold harmless the Epic Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) arising out of or in connection with any third-party claims, demands, or actions (i) that, if true, would involve a breach by you of this Agreement (including, without limitation, any distribution or sublicensing of the Licensed Technology in violation of this Agreement), or (ii) related to your Products or your exercise of the License (except to the extent the third party is alleging your authorized use of unmodified Licensed Technology originally provided to you by Epic under this Agreement infringes any patent, trademark, or copyright).
16. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to this Agreement will be governed by New York law, exclusive of its choice of law rules. You and Epic agree to submit to the exclusive jurisdiction of the Supreme Court of New York County, New York, or, if federal court jurisdiction exists, the United States District Court for the Southern District of New York. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as 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 will be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
17. No Class Actions
To the maximum extent permitted by applicable law, you and Epic agree to only bring disputes arising out of or related to this Agreement in an individual capacity and will not:
seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement.
You have the right to opt-out of this class action waiver within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law. To exercise this right, you must send written notice of your decision to the following address: Epic Games, Inc., Legal Department, ATTN: CLASS ACTION OPT-OUT, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Your notice must include your name, mailing address, and account name, and state that you wish opt-out of this class action waiver. To be effective, this notice must be received by Epic and postmarked or deposited within 30 days of the date on which you first accepted this Agreement. You are responsible for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt.
18. Miscellaneous
a. Support
Epic does not have any support obligations with respect to the Licensed Technology under this Agreement. Support resources may be obtained at www.unrealengine.com/support. Without limiting the foregoing, Epic does not have any obligation to make new versions of the Licensed Technology available, or to continue to make available for access or download any versions of the Licensed Technology.
b. U.S. Government Matters; Export Controls
The Licensed Technology may be considered a “Commercial Item” (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 all end users (including any U.S. Government end users) only as a Commercial Item intended for general use, and with only those rights as are granted to other licensees under this Agreement.
You understand and agree that the Licensed Technology may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in violation of applicable export control, economic sanctions, or import laws or regulations, such as the U.S. Export Administration Regulations and U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.
c. No Assignment
You may not assign your rights or obligations under this Agreement, including any rights to use the Licensed Technology. Any attempted assignment in violation of the foregoing will be void. We may assign this Agreement, in whole or in part, or delegate our rights or obligations hereunder with or without notice to you.
d. Relationship of the Parties
The relationship between you and Epic will be that of independent signatories, and nothing in this Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.
e. Language
To the fullest extent permitted by applicable law, the controlling language for this Agreement is English. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. Any translation has been provided for your convenience.
f. No Waiver; Severability
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.
g. Survival
Upon conclusion of this Agreement, all royalties due to Epic will become immediately due and payable and all rights and remedies of Epic will survive.
h. Entire Agreement
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.
Royalty Addendum
If you Distribute a Royalty Product or generate advances or other revenue for a Royalty Product prior to its Distribution, you must comply with the terms of this Royalty Addendum.
1. What Products Require Royalty Payments to Epic
This addendum only applies to advances or other revenue generated in connection with Royalty Products. As a reminder, as further specified in Section 4(a) of the Agreement, this means the addendum generally does not apply to (and no royalty payments are due for):
a. Distributions of Non-Engine Products;
b. Distributions of Products that do not directly generate revenue;
c. Distributions of Products within your company group;
d. Distributions of Products to clients who hired you to develop the Products for them; and
e. Distributions of Products that are used, displayed, and performed solely at a physical location under your control or the control of your authorized distributors.
2. Submitting the Release Form
Before you Distribute a Royalty Product that will generate revenue, you must give Epic notice of your intended Distribution by submitting the release form found at unrealengine.com/release (the “Release Form”) as early as reasonably possible and in any event prior to the Distribution of the Royalty Product. Likewise, if you plan on beginning to generate revenue from a Royalty Product that you have already Distributed, you must submit a Release Form as early as reasonably possible before the Royalty Product is used to generate revenue.
3. What is the Royalty Rate?
a. The standard Royalty Rate
The “Royalty Rate” means the applicable percentage of Royalty Revenue you agree to pay to Epic. The Royalty Rate is equal to 5% of all Royalty Revenue (as defined in Section 4) unless your Royalty Product qualifies for a reduced royalty rate.
A Royalty Product that is a “Launch Everywhere with Epic Release” is entitled to a reduced Royalty Rate as explained in the next subsection.
b. Reduced Royalty Rate for Launch Everywhere with Epic Releases
If your Royalty Product qualifies as a Launch Everywhere with Epic Release (defined below), then beginning on the date the Royalty Product qualifies as a Launch Everywhere with Epic Release, the Royalty Rate will be reduced to 3.5% of all Royalty Revenue collected going forward across all platforms and stores.
If, at any time, a Royalty Product no longer qualifies as a Launch Everywhere with Epic Release the Royalty Rate will revert to 5% of all Royalty Revenue beginning on the date the Royalty Product no longer qualifies as a Launch Everywhere with Epic Release.
“Launch Everywhere with Epic Release” means a Royalty Product which, on or after January 1, 2025: (a) is released on at least one platform that supports Epic Games Store; (b) for each platform where (i) the Royalty Product is publicly released on the platform and (ii) Epic Games Store is available on the platform, the Royalty Product is publicly released on Epic Games Store on that platform either before or simultaneously with release on other stores on that platform; and (c) at all times, and subject only to platform limitations, at least meets the following parity requirements on an Epic Games Store:
i. Content Parity: during the commercial life of the Royalty Product, the Royalty Product on the Epic Games Store will have at least substantially the same content as corresponding versions on other stores including but not limited to, localizations, updates, bug fixes, and compatibility/performance updates but excluding other store-exclusive content you are contractually prohibited from making available on Epic Games Store; and
ii. Feature Parity: during the commercial life of the Royalty Product, the Royalty Product on the Epic Games Store will have at least substantially the same features as corresponding versions on other stores including but not limited to carry-over of save game to full game, cross-save, multiplayer, and social media integrations; and
iii. Marketing Parity: the product detail pages for the Royalty Product on Epic Games Store (such as a storefront), will have at least substantially the same content as corresponding versions on other stores on that platform; and any mention of availability of the Royalty Product on another store in any marketing materials (including links to store pages, videos, social media, etc.) will include equivalent mention of availability on Epic Games Store. This requirement applies to pre-launch marketing.
For iOS apps, Epic temporarily waives the Launch Everywhere with Epic Release requirement above to release such titles for Epic Games Store for iOS due to Apple's current commercially-prohibitive terms on alternative distribution. Epic will provide four (4) months prior notice before reinstating Launch Everywhere with Epic Release requirement on Epic Games Store for iOS.
4. How the Royalty Payment Is Calculated
The “Royalty Payment(s)” means the amount due to Epic calculated by multiplying the Royalty Revenue by the applicable Royalty Rate. “Royalty Revenue” means all worldwide gross revenue attributable to each Royalty Product minus any allowed exclusions enumerated in Section 4(b) of this Royalty Addendum.
a. Worldwide Gross Revenue
Worldwide gross revenue includes all revenue directly generated by your Royalty Product, regardless of who receives the revenue and regardless of whether you Distribute your Royalty Product to end users directly, self-publish via the App Store or any similar store, or work with a publisher or distributor. Royalty Revenue includes gross revenue:
i. resulting from any and all sales of a Royalty Product to end users through any and all media, including but not limited to digital and retail;
ii. resulting from any and all in-app purchases, downloadable content, microtransactions, subscriptions, sale, transfer, or exchange of user-generated content for use with a Royalty Product, or redemption of virtual currency which directly affects the operation of the Royalty Product, whether redeemed within the Royalty Product or externally;
iii. from any Kickstarter or other crowdfunding campaign which is directly associated with Royalty Product access or in-Royalty Product benefit (e.g., in a multi-tiered campaign, if an amount is established in an early tier solely for Royalty 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);
iv. from in-app advertising and affiliate programs;
v. from any advance payments for a Royalty Product (from a publisher or otherwise);
vi. received in connection with a Royalty Product’s inclusion in a streaming, subscription, or other game-delivery service (e.g., Apple Arcade, Microsoft GamePass, or any similar or successor services), including without limitation development funds and bonuses;
vii. received in connection with access to your Royalty Product or features or functionality within your Royalty Product; and
viii. received in any other form actually attributable to a Royalty Product (unless excluded below).
b. Allowed Exclusions
However, some gross revenue is excluded from the calculation of Royalty Revenue.
Quarterly exclusion: You will not be obligated to pay us any royalty payments for calendar quarters in which you don’t reach a certain threshold. The following is excluded from the calculation of Royalty Revenue:
i. revenue attributable to a Royalty Product from a calendar quarter during which the gross revenue for such Royalty Product is less than $10,000.
The following simplified examples illustrate how quarterly exclusions work and assume a Royalty Rate of 5%.
Your Royalty Product generates $9,000 in the first calendar quarter and $9,000 in the second calendar quarter. You will not be obligated to pay any royalties for either quarter.
Your Royalty Product generates $9,000 in the first calendar quarter and $10,100 in the second calendar quarter. You will not be obligated to pay any royalties for the first quarter and, unless another exclusion (such as the $1,000,000 lifetime exclusion) applies, you will be obligated to pay$505 ($10,100 x .05) in royalties for the second quarter.
Lifetime exclusions: Even if you have exceeded the quarterly exclusion, you will not be obligated to pay us any royalty payments until you reach certain lifetime gross revenue thresholds. The following are excluded from the calculation of Royalty Revenue:
ii. the first $1,000,000 in lifetime gross revenue for each Royalty Product; and
iii. the first $5,000,000 in lifetime gross revenue for each Royalty Product from the Oculus Store (or its successor).
The following simplified example illustrates how lifetime exclusions work.
You charge $10 for your Royalty Product and have sold 90,000 copies of it. You would not be obligated to pay any royalty payments on the $900,000 you have earned.
Royalty alternative exclusions: You may have already made a royalty payment or have other fee obligations to Epic on certain revenue generated by a Royalty Product. To prevent you from being charged twice by Epic on such revenue, the following exclusions apply to the calculation of Royalty Revenue:
iv. royalties that you pay on an advance payment of revenue for a Royalty 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 Royalty Product; and
v. revenue generated from sales of your Product on the Fab Marketplace or the Epic Games Store, and from any subsequent in-Product purchases making use of Epic’s payment services.
The following simplified examples illustrate how royalty alternative exclusions work and assume a Royalty Rate of 5%.
Your publisher pays you a $100,000 advance on a Royalty Product you are developing. You are not obligated to pay us any royalty payments on the advance (because you have not yet earned $1,000,000 in lifetime gross revenue on your Product).
Your publisher pays you a $1,100,000 advance on a Royalty Product you are developing that the publisher may recoup against future sales of your Royalty Product. You are obligated to pay only $5,000 to Epic for that advance (5% of $100,000 because you are not obligated to pay royalties on the first $1,000,000 in lifetime gross revenue from a Product). Your Royalty Product then generates $500,000 in sales, which normally creates $25,000 in royalty obligations. Since the $5,000 royalty from the advance is credited against this obligation, you are obligated to pay$20,000 ($25,000 - $5,000 credit) in royalties to Epic for the foregoing sales.
You charge $20 for your Royalty Product and have sold 90,000 copies of it through the Epic Games Store. Under this Agreement, you would not be obligated to pay any royalty payments on the $1,800,000 you have earned.
Other exclusions: The following are also excluded from the calculation of Royalty Revenue:
vi. revenue from a Royalty Product that is Distributed (whether by you or any other third party) only to third parties who are separately licensed by us to use Unreal Engine is excluded from Royalty Revenue;
vii. revenue from ancillary products that are not software and that do not contain embedded information (such as QR codes) that affects the operation of the Royalty Product (e.g., comic books, soundtracks, apparel);
viii. cash prizes given with awards earned for the Royalty Product;
ix. revenue from donations for a Product that are not tied to Royalty Product access or in-Royalty Product benefits;
x. sales or value added taxes charged to end users of the Royalty Product; and
xi. funding you receive from Epic through the Epic MegaGrants program.
5. Additional Examples
The following additional simplified examples illustrate how royalty payments are calculated and assume a Royalty Rate of 5%.
You charge $10 for your Royalty Product on the App Store. When you Distribute a copy, Apple may only pay you $7 (having deducted 30% as a distribution fee). However, your Royalty Revenue would be $10 and your royalty payment to Epic would be $0.50 (5% of $10).
Your Royalty Product generates $1 Million in the first calendar quarter and $9,000 in the second calendar quarter. You will not be obligated to pay any royalties for either quarter. The $1 Million from the first quarter falls under the lifetime exclusion in Section 4(b)(ii) of the Royalty Addendum. The $9,000 from the second quarter falls under the quarterly exclusion in Section 4(b)(i) of the Royalty Addendum.
Your Royalty Product generates $1 Million in the first calendar quarter and $10,100 in the second calendar quarter. You will not be obligated to pay any royalties for the first quarter as the $1 Million from the first quarter falls under the lifetime exclusion in Section 4(b)(ii) of the Royalty Addendum. You will be obligated to pay $505 ($10,100 x .05) in royalties for the second quarter.
6. Reporting and Making Your Royalty Payments
Within 45 days after the end of each calendar quarter in which you earn Royalty Revenue, you must report the Royalty Revenue to Epic on a per Product basis and pay Epic the Royalty Payments. Additional information on royalty reporting and payment can be found at unrealengine.com/release.
Any amounts unpaid after the required due date shall accrue interest at a rate equal to the 30-day average Secured Overnight Financing Rate (SOFR) rate effective for the date that payment was first due (as reported by the Federal Reserve Bank of New York) or the maximum rate allowable by applicable law, whichever is less, compounded monthly.
Except to the extent required by applicable law, all payments, fees and royalties are non-refundable under all circumstances.
7. Other Obligations You Have
a. Taxes
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). Epic may charge sales tax, value added taxes, goods and services taxes, or other similar indirect taxes as required by law to Licensee unless you provide a valid sales tax resale certificate, exemption certificate, VAT ID, GST ID, or other similar tax ID to Epic prior to execution of this Agreement. Both parties shall take all measures in accordance with their respective domestic law and double taxation agreement, if any, to ensure a reduction or exemption of withholding income tax, which might become payable in connection with the Agreement. For the aforementioned purpose, Epic will provide you with documentation sufficient to substantiate reduced or exemption (if any) of withholding income tax subject to the Tax Treaty. 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 the withholding.
b. Currency
You are responsible for ensuring that all applicable Royalty Revenue and Royalty Payments are converted to USD using rates published by an international bank or recognized exchange rate website.
Open Source Software Licensed under the LicenseRef-GSAP:
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1. gsap
Copyright (c) 2008-2025, GreenSock Inc. All rights reserved.
You may find the original code here: https://github.com/greensock/GSAP/tree/3.12.7
Terms of the LicenseRef-GSAP:
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Standard "No Charge" GSAP License
I. DEFINITIONS
“GSAP License” means the terms and conditions of this GSAP Software License Agreement.
"GSAP Products" means any Software made available at gsap.com or any successor sites, including but not limited to the GSAP animation library and related plugins, tools, or extensions.
"Permitted Uses" means the implementation and/or use of GSAP Products on any website, web application, or digital interface by any person or entity (which may include, for clarity, those of companies that compete with Webflow in other areas of business).
"Prohibited Uses" means any implementation and/or use of GSAP Products in tools that allow users to build visual animations without code that encourages, induces, or materially assists in creating a solution that competes with Webflow’s visual animation building capabilities.
"Competitive Products" means any software, tool, or service that enables users to create, edit, or manage animations through a visual interface or builder similar to Webflow.
II. GRANT OF LICENSE
Subject to the terms and conditions of this GSAP License, Webflow grants you a non-exclusive, worldwide license to use, reproduce, display, and implement GSAP Products solely for Permitted Uses.
III. RESTRICTIONS
You may not:
Use any GSAP Products for any Prohibited Uses without prior written consent;
Reverse engineer any GSAP Products for the purpose of creating Competitive Products;
Remove or alter any proprietary notices or branding from GSAP Products.
IV. OWNERSHIP AND INTELLECTUAL PROPERTY
All intellectual property rights in GSAP Products, including but not limited to copyright, patents, trademarks, and trade secrets, remain the exclusive property of Webflow. This GSAP License does not transfer any ownership rights in GSAP Products to you.
V. TERMINATION
Webflow may terminate this GSAP License and revoke your access in its discretion if you fail to comply with any of these terms and conditions. Upon termination, you must cease all use of GSAP Products and destroy all copies in your possession.
VI. MISCELLANEOUS PROVISIONS
General: This GSAP License is incorporated into and subject to Webflow’s Terms of Service available here ("Terms of Service"). In the event of any conflict or inconsistency between this GSAP License and the Terms of Service, the terms of this GSAP License shall govern in relation to your use of any GSAP Products.
Amendments: Webflow reserves the right to update or modify this GSAP License at any time by posting the revised terms on this website, provided that any such updates or modifications shall not result in any material degradation to the security, integrity, or functionality of any GSAP Products. You understand and agree that your continued use of any GSAP Products after such revisions to this GSAP License constitutes your acceptance of this GSAP License as revised. If you do not accept the revised GSAP License, you are prohibited from using versions of the GSAP Products released after the effective date of the revised GSAP License (as well as any updates made to previous versions). Notwithstanding, you may continue using previous versions of GSAP Products under the applicable terms licensed to you prior to the effective date of the revised GSAP License (for clarity, excluding any updates made thereto).
No Waiver: Failure of Webflow to enforce any provision of this GSAP License shall not constitute a waiver of future enforcement of that or any other provision.
Open Source Software Licensed under the Marketplace Product & Services Agreement End User Agreement:
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1. artstation
© 2023, Epic Games, Inc.
You may find the original code here: https://www.artstation.com/?sort_by=trending&dimension=all
Terms of the Marketplace Product & Services Agreement End User Agreement:
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Marketplace Product & Services Agreement
End User Agreement
This Marketplace End User Agreement applies to all downloadable products and professional services (e.g. mentorships, personal training, portfolio reviews) sold via the ArtStation Marketplace, unless a custom agreement or license is provided by the seller.
The EUA is an agreement between the buyer and the seller providing the goods or services.
PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
BY CLICKING “I AGREE” OR DOWNLOADING OR USING THE DIGITAL PRODUCT OR RECEIVING THE PROFESSIONAL SERVICES TO WHICH THIS AGREEMENT RELATES YOU ACCEPT ALL OF THIS AGREEMENT’S TERMS, INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS AGREEMENT’S TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE DIGITAL PRODUCT OR RECEIVE OR USE THE PROFESSIONAL SERVICES.
This end-user agreement (“Agreement”) is a legally binding agreement between you, the licensee and customer (“you” or “your”), and the provider (“we” or “us” or “our”) of the digital products (“Products”) or instructional, training, mentorship or other professional service packages (“Professional Services”) that you purchase through the ArtStation Marketplace, regarding your rights and obligations regarding those Products and Professional Services.
1. Your Status
In this Agreement, “you” means the person or entity acquiring rights in the Products or purchasing Professional Services. That may be a natural person, or a corporate or business entity or organization.
(a) If you are a natural person then you must be, and you confirm that you are, at least 13 years old. If you are between 13 years and the age of majority in your jurisdiction of residence, you confirm that your parent or legal guardian has reviewed and agrees to this Agreement and is happy for you to access and use the Product or receive the Professional Services.
(b) If you are a corporate entity then: (i) the rights granted under this Agreement are granted to that entity; (ii) you represent and warrant that the individual completing and accepting this Agreement is an authorized your representative and has the authority to legally bind that you to the Agreement; and (iii) to the extent that one or more of your employees are granted any rights in the Product or to receive Professional Services under this Agreement, you will ensure that your employees comply with this Agreement and you will be responsible and liable for any breach of this Agreement by any employee.
2. ArtStation
ArtStation is a division of Epic Games, Inc., You acknowledge and agree that Epic is a third-party beneficiary of this Agreement and therefore will be entitled to directly enforce and rely upon any provision in this Agreement that confers a benefit on, or rights in favour of, Epic. In addition, you authorize Epic to act as your authorized representative to file a lawsuit or other formal action against a licensor in a court or with any other governmental authority if Epic knows or suspects that a licensor breached any representations or warranties under this Agreement. The foregoing authorization is nonexclusive, and Epic shall be under no obligation to pursue any claim. Epic will not initiate any such action on your behalf without first consulting with and obtaining your approval.
Products
The following sections 3 through 9 apply to any Products you acquire from us through the ArtStation Marketplace:
3. Product Licence
Subject to this Agreement’s terms and conditions, we hereby grant you a limited, non-exclusive, worldwide, non-transferable right and licence to (which will be perpetual unless the licence terminates as set out in this Agreement): (a) download the Product; and (b) copy and use the Product. We reserve all rights not expressly granted to you under this Agreement.
4. Licence Scope and Restrictions
(a) Tutorials
You are purchasing ONE licence to create ONE copy of the Product for use by you only (or, if you are a corporate entity, for use by a single authorized employee).
If this Product is bundled with a stock digital asset then you receive a limited personal use licence regarding that stock digital asset, and you may use that stock digital asset for your personal use only. You will not use that stock digital asset in any commercial manner unless you purchase a separate commercial licence.
(b) Installable Tools
You may purchase one or more licences for the Product. A single licence allows you to install the Product on a single computer at a time for use by a single authorized user. If you are a corporate entity and the authorized employee completing the transaction on your behalf purchases multiple licences, you may choose to store the Product on a single server or shared hard drive for use by a single authorized employee at a time for each licence purchased.
Provided that you comply with the restrictions on users set out above, you may use the Product on an unlimited number of projects.
(c) Stock Assets
Subject to the restrictions set out in this Agreement, you may copy, use, modify, adapt, translate, distribute, publicly display, transmit, broadcast, and create derivative works from the Product in works you create (“Works”), which may include things like films, videos, multi-media projects, computer games, models, images, publications, broadcasts, documents, and presentations.
If you are a corporate entity, you may make the Product available for use by your employees in accordance with this Agreement (for example, by storing the Product on a network server).
You may only share the Product with external people or entities where:
You are collaborating with the external parties in the creation of your Work and you need to share the Product for that purpose, provided that any external party that receives the Product may only use it in your Work and must secure and limit access to the Product for that purpose;
You are working as a contractor for a client in the creation of a Work and need to share the Product with your client, or any external parties working with your client, provided that your client and any such external parties may use the Product only for your client’s Work, and all parties secure and limit access to the Product for that purpose.
For any other use of the Product by any other party, that party must purchase a licence to the Product.
In addition to any other restrictions in this Agreement, you will not:
publish, sell, license, offer or make available for sale or licensing, or otherwise distribute the Product except as part of a Work or through a form of sharing that is authorized in this Agreement; or
publish, distribute or make available the Product through any online clearinghouse platform.
Further Specific Terms
In addition to the restrictions set out above, the following terms and conditions apply to the following forms of commercial licences for the Product:
Standard Commercial Licence
If you have purchased a Standard Commercial licence then you may exercise your rights under that licence:
for personal use on an unlimited number of personal projects that are not used or distributed in any commercial manner; and
respect to one commercial Work, with up to a maximum of, as applicable, 2,000 sales of the Work or 20,000 monthly views of the Work.
Extended Commercial Licence
If you have purchased an Extended Commercial licence then you may exercise your rights under that licence:
for personal use on an unlimited number of personal projects that are not used or distributed in any commercial manner; and
with respect to any number of commercial Works, with no limit on sales or views.
5. Additional Restrictions
Except as expressly permitted under this Agreement, you will not:
(a) make any copy of the Product except for archival or backup purposes;
(b) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Product;
(c) hack, reverse engineer, decompile, disassemble, modify or create derivative works of the Product or any part of the Product;
(d) publish, sell distribute or otherwise make the Product available to others to use, download or copy;
(e) transfer or sub-license the Product or any rights under this Agreement to any third party, whether voluntarily or by operation of law;
(f) use the Product for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
(g) misrepresent yourself as the creator or owner of the Property;
(h) remove or modify any proprietary notice, symbol or label in or on the Product;
(i) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this Agreement.
6. Proprietary Rights
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the Product and the right to access, install and use the Product in accordance with this Agreement, not buying the Product. As between you and us, we own all right, title and interest in and to the Product, and you are not acquiring any ownership of or rights in the Product except the limited rights granted under this Agreement.
7. No Epic Support
You acknowledge and agree that you are licensing the Product from us (the Provider), not from Epic, and that Epic has no obligation to support the Product.
8. Interruptions and Errors
Your use of the Product might be interrupted and might not be free of errors.
9. Updates
We have no obligation to update the Product.
Professional Services
The following sections 10 and 11 apply to any Professional Services you purchase from us through the ArtStation Marketplace:
10. Provision of Professional Services
We will provide the Professional Services directly to you and, subject to this Agreement, will assume all responsibility for all aspects of the Professional Services. We represent and warrant that we have the right to offer and provide the Professional Services and that we have appropriate qualifications and experience to provide the Professional Services.
11. Epic is not Involved
You acknowledge and agree that:
(a) Epic is only a provider of the online ArtStation Marketplace where you purchased the Professional Services, and does not provide or exercise any control or oversight over us or the Professional Services, and is not responsible for us or the Professional Services or any shortcomings in them, including any damages, losses or legal issues caused by us or the Professional Services;
(b) this Agreement (and any dispute under it) is an agreement between us and you only, and not with Epic, and Epic is not a party to this Agreement;
(c) we are not Epic’s employee, agent or subcontractor;
(d) Epic does not have any obligation to attempt to resolve any dispute between us and you; and
(e) we will provide the Professional Services directly to you, and we (and not Epic) are solely responsible for the Professional Services, and Epic has no obligation or liability to you with respect to the Professional Services.
Both Products and Services
The following sections 12 through 25 apply to all Products or Services you purchase from us through the ArtStation Marketplace:
12. Disclaimer
ANY PRODUCTS OR PROFESSIONAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM, AND YOU WAIVE (WITH REGARD TO US AND ALSO TO EPIC, ITS AFFILIATES, AND ITS AND THEIR LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE “EPIC PARTIES”), ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE PRODUCTS AND PROFESSIONAL SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF THE EPIC PARTIES REPRESENT OR WARRANT THAT: (A) ANY PRODUCT OR PROFESSIONAL SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) ANY PRODUCT OR PROFESSIONAL SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY PRODUCT OR PROFESSIONAL SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY DEFECTS IN ANY PRODUCT OR PROFESSIONAL SERVICE WILL BE CORRECTED.
13. Exclusion and Limitation of Liability
(a) YOU DOWNLOAD, INSTALL AND OTHERWISE USE ALL PRODUCTS, AND RECEIVE AND USE ALL PROFESSIONAL SERVICES, AT YOUR OWN RISK. YOU AGREE TO, AND HEREBY DO:
(i) WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST US OR THE EPIC PARTIES OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASEES”) ARISING FROM OR RELATING TO ANY PRODUCTS OR PROFESSIONAL SERVICES, AND
(ii) RELEASE THE RELEASEES FROM ANY LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY ARISING FROM OR RELATING TO YOUR USE OF ANY PRODUCT OR PROFESSIONAL SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF THE RELEASEES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.
(b) NEITHER WE NOR THE EPIC PARTIES WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE: (I) LOSS OF INTEREST, PROFIT, BUSINESS, CUSTOMERS OR REVENUE; (II) BUSINESS INTERRUPTIONS; (III) COST OF REPLACEMENT PRODUCTS OR SERVICES; OR (IV) LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.
(c) NEITHER WE NOR THE EPIC PARTIES WILL BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES.
(d) MAXIMUM LIABILITY: IF, DESPITE THE LIMITATIONS SET OUT ABOVE, WE OR ANY EPIC PARTY BECOME LIABLE TO YOU IN RESPECT OF ANY PRODUCT OR PROFESSIONAL SERVICE OR OTHERWISE UNDER THIS AGREEMENT, THE ENTIRE CUMULATIVE LIABILITY OF US AND THE EPIC PARTIES, AND YOUR EXCLUSIVE AND CUMULATIVE REMEDY, FOR ANY DAMAGES (REGARDLESS OF THE CAUSE OR FORM OR ACTION), WILL BE LIMITED TO CAD$10.
14. Indemnity
As a condition of your use of any Product or any Professional Services, you agree to hold harmless and indemnify the Releasees from any liability for any loss or damage to any third party resulting from your access to, installation or use of the Product or your receipt and use of the Professional Services.
15. Term and Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if: (a) you breach any terms of this Agreement; or (b) you do not complete payment for the Product or Professional Services, or any payment you make is refunded, reversed or cancelled for any reason. Upon this Agreement’s termination, you will cease all use of the Product and destroy all copies, full or partial, of the Product in your possession. Sections 11 through 25 will survive the termination of this Agreement.
16. Compliance with Laws
You will comply with all applicable laws when using any Product or Professional Services (including intellectual property and export control laws).
17. Entire Agreement
This Agreement supersedes all prior agreements of the parties regarding the Product or Professional Services, and constitutes the whole agreement with respect to the Product or Professional Services.
18. Disputes
If you have any concerns about the Product or Professional Services, please contact us through our ArtStation Marketplace account and we will work with you to try to resolve the issue. You acknowledge and agree that any such dispute is between you and us, and that Epic will not be involved in the dispute and has no obligation to try to resolve the dispute.
19. Persons Bound
This Agreement will enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, legal representatives, lawful successors and permitted assigns.
20. Assignment
We may assign this Agreement without notice to you. You may not assign this Agreement or any of your rights under it without our prior written consent, which we will not withhold unreasonably.
21. Waiver
No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing.
22. Applicable 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.
23. Legal Effect
This Agreement describes certain legal rights. You may have other rights under the laws of your country. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
24. Interpretation
In this Agreement, "we", "us", and "our" refer to the licensor of the Product alone and never refer to the combination of you and that licensor (that combination is referred to as "the parties"), or the combination of you or the licensor with Epic.
25. Artificial Intelligence
For purposes of this Agreement, “Generative AI Programs” means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content.
We (the licensor of the Product) represent and warrant that where the Product was created using Generative AI Programs, we have applied the “CreatedWithAI” tag. Under this Agreement, a Product is considered to be created using Generative AI Programs where a material portion of a Product is generated with Generative AI Programs, whether characters, backgrounds, or other material elements. A Product is not considered to be created using Generative AI Programs merely for use of features that solely operate on a Product (e.g., AI-based upscaling or content-aware fill).
Open Source Software Licensed under the MIT:
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1. swiper
Copyright (c) 2019 Vladimir Kharlampidi
You may find the original code here: https://github.com/nolimits4web/swiper/tree/v11.2.10
2. JSMpeg
Copyright (c) 2017 Dominic Szablewski
You may find the original code here: https://github.com/phoboslab/jsmpeg
3. lua
Copyright © 1994–2021 Lua.org, PUC-Rio.
You may find the original code here: https://www.lua.org/ftp/lua-5.4.3.tar.gz
4. unlua
Copyright (C) 2019 THL A29 Limited, a Tencent company. All rights reserved.
You may find the original code here: https://github.com/Tencent/UnLua.git
5. libffi
libffi - Copyright (c) 1996-2021 Anthony Green, Red Hat, Inc and others.
You may find the original code here: https://github.com/libffi/libffi.git
Terms of the MIT:
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MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
Open Source Software Licensed under the MIT AND others:
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1. unlua
Copyright (C) 2019 THL A29 Limited, a Tencent company. All rights reserved.
You may find the original code here: https://github.com/Tencent/UnLua.git
Terms of the MIT AND others:
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MIT License
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
--------------------
And also:
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Regarding 'others' conditions:
------------------------------
This component is also subject to additional terms, conditions, or notices.
These 'other' terms should be reviewed carefully.
Specific details or URLs for applicable components may be listed below if provided with the component data.
Open Source Software Licensed under the OFL-1.1:
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1. Noto Sans Condensed Medium
Copyright 2022 The Noto Project Authors
You may find the original code here: https://fonts.google.com/noto/specimen/Noto+Sans
2. Noto Sans ExtraCondensed Black
Copyright 2022 The Noto Project Authors
You may find the original code here: https://fonts.google.com/noto/specimen/Noto+Sans
Terms of the OFL-1.1:
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This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the copyright statement(s).
"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting, or substituting — in part or in whole — any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Open Source Software Licensed under the OFL-1.1:
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1. Noto Sans Thai
Copyright © Noto Sans Thai original author and authors
You may find the original code here: https://fonts.google.com/?query=Noto+Sans
2. Noto Sans KR
Copyright © Noto Sans KR original author and authors
You may find the original code here: https://fonts.google.com/?query=Noto+Sans
3. Noto Sans JP
Copyright © Noto Sans JP original author and authors
You may find the original code here: https://fonts.google.com/?query=Noto+Sans
4. Noto Sans Arabic
Copyright © Noto Sans Arabic original author and authors
You may find the original code here: https://fonts.google.com/?query=Noto+Sans
Terms of the OFL-1.1:
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This Font Software is licensed under the SIL Open Font License, Version 1.1.
This license is copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL
SIL OPEN FONT LICENSE
Version 1.1 - 26 February 2007
PREAMBLE
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
DEFINITIONS
"Font Software" refers to the set of files released by the Copyright Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
"Reserved Font Name" refers to any names specified as such after the copyright statement(s).
"Original Version" refers to the collection of Font Software components as distributed by the Copyright Holder(s).
"Modified Version" refers to any derivative made by adding to, deleting, or substituting — in part or in whole — any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
"Author" refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
TERMINATION
This license becomes null and void if any of the above conditions are not met.
DISCLAIMER
THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
Open Source Software Licensed under the Specific License:
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1. CGtextures
Textures.com, Copyright © 2005 - 2023
You may find the original code here: https://www.textures.com/browse/rough/516
Terms of the Specific License:
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Terms and Conditions
This page explains our Terms of Use. When you use Textures.com, you are agreeing to all the rules on this page. Much of this page is in legal text, but we try to give a brief summary of each part using this blue text. These summaries are only for clarification and are not part of the official legal terms.
Textures.com is a website that offers a library of different sorts of content, such as digital pictures, 3D scans and PBR materials (the “Content”).
Access to the contents of the library (the “Service”) is offered by the company CGTextures BV (“Textures.com”). Textures.com has its office in Rijsbergen (The Netherlands) and is registered with the Chamber of Commerce under number 89325079.
The following Terms and Conditions apply to all offers and agreements and your use of the Service, unless expressly agreed otherwise in writing. Any terms used by you are not applicable.
Article 1. Registration and Use of your Account
To be able to download photos, you need to register for an account. You are responsible for your account and all the activity on it.
To be able to access and use the Service or certain parts thereof, you are required to register for an account. Accounts are for personal use only. Sale, transfer, lease, assignment, or redistribution of the account, or any rights to access and use the services provided under this agreement to a third party, is strictly prohibited unless expressly permitted in writing by Textures.com. Some users are offered access through a whitelisted IP address, meaning they have access to account specific features without having to log in.
You must secure access to your account against third parties. In particular you must keep the password strictly confidential. Textures.com may assume that all actions undertaken from your account (or whitelisted IP address) are authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Textures.com that someone else knows your password.
As soon as you become aware or have a reason to assume that the account has been accessed by an unauthorised third party or is otherwise compromised, you must inform Textures.com thereof without undue delay, notwithstanding your obligations to take immediate effective measures, such as changing your login credentials.
Article 2. Free and Premium Credits
To download content, Premium Credits are required. We sell Premium Credits in the form of a Subscription, this replenishes your Premium Credits every month.
If you have an account, you can access the Service and download Content in exchange for Premium credits.
You may purchase Premium Credits through a subscription (“Premium Access Subscription”), which provides access for a specified period and to certain types of content.
With a Premium Access Subscription, your account will regularly be complemented with a certain amount of premium credits. Subscriptions are available in various types (e.g., Indie, Studio, Corporate) and lengths (e.g., 3 – 6 months, annually). Unless indicated otherwise, any unused Premium Credits do not roll over to the next month. The exact details and applicable terms of the available Premium Access subscriptions can be found in the offer (on the website) of Textures.com.
If you have not made any Premium credit purchase, downloads fall under the Indie license with an annual revenue or funding limit of $150k USD.
Article 3. Restrictions on Premium Access Sharing
Your account, credits and/or downloads may not be shared with other people or companies.
Premium Access is non-transferable, and the use of Premium Access is permitted for a single entity and at one studio or physical location at a certain time. It is prohibited to grant other companies access to your Premium Access account. Your (freelance) subcontractors are allowed to use your Premium Access account on your behalf when they are located at your main business location. They are not allowed to use the Premium Access account from any other location. Remote workers are allowed to use Premium Access from home or other locations, provided they are in full-time employment of your company.
Article 4. Re-Downloads
Content already purchased can be re-downloaded for free for 2 years and while your Subscription is active.
For Content purchased with a Premium Access Subscription, re-downloading the same Content is free for a period of 2 years after the purchase of the Content has been made and while the user has an active Subscription.
Article 5. Compensation and Payment
The prices for Premium Access are shown in USD or EUR. At time of purchase this amount may be converted to your local currency and local taxes may apply.
For the use of certain premium Services, you shall be charged a compensation. Prices are exclusive of all (local) taxes, duties and other government charges as may be applicable.
All prices are stated in either EUR or USD and may be converted to your local currency at the time of payment. You are responsible for any costs resulting from exchange rates or foreign transactions. Payment can be made by credit card, by PayPal, or as explained further on the website.
Article 6. Use of Content
You are allowed to use our photos for many kinds of projects and even sell them in combination with 3D models. However, you are not allowed to resell or give away our photos as 'textures', texture packs, materials, clipart or any other product that competes with our website. Also, the usage rights for our special content (3D Scans, PBR Materials, 3D Objects, 3D Foliage, Atlas Scans, 3D Ornaments, etc) are much stricter.
Please also read the FAQ which has many practical examples. If you have questions you can always Contact Us.
Content downloaded may be used for personal and commercial use (provided the use is in compliance with these terms and conditions). Content may be modified to suit your needs.
You are permitted to:
use Content in 2D or 3D computer graphics, website design, advertising banners, movies, television shows and printed media;
incorporate the Content in computer games and 3D models and 3D scenes;
Sell or distribute 3D models bundled with modified versions of the Content, provided that only Regular Photos (as indicated on the download page) are included. You must include the following text in the documentation accompanying the model:
"One or more textures on this 3D model have been created with photographs from Textures.com. These photographs may not be redistributed by default; please visit www.textures.com for more information."
For the avoidance of doubt, Special Content (such as Substance .sbsar or .sbs files, PBR Materials, HDR Skydomes, HDR Panoramas, 3D Scans, 3D Scanned Objects, 3D Ornaments, 3D Foliage, Atlas Scans, and 3D Brushes, or as indicated on the download page) may not be bundled with models.
for scrapbooking work, but only if you are the end-user of the work. Resale of the Content as scrapbooking packs, scrapbooking papers, templates, etc, is explicitly forbidden (even when the Content is modified).
You are not permitted to:
sell or distribute any Content (modified or not) by themselves or in a texture pack, material, shader, scale modelling papers (pre-printed or digital), scrapbooking pack;
use Content in graphic design themes or templates sold to multiple customers on digital marketplaces (this includes stock photography, clipart, templates for websites, business cards and e-cards);
sell or distribute our Special Content by itself, bundled with a standalone art asset or a 3D scene. Our Special Content includes (but is not limited) to Substance .sbsar or .sbs files, PBR Materials (as a set or as individual maps), 3D Scans, Atlas Sheets, 3D Scanned Objects, 3D Foliage, 3D Ornaments, 3D Brushes, HDR Skydomes or HDR Panoramas. Whether content is considered Special Content is indicated on the download page;
use the Content for creating products sold via 'print on demand' websites (for example print on demand mugs, T-shirts, mouse mats, etc);
sell or distribute skins for laptops, phones and other devices created with Content from the Website;
use the Content to print wallpaper, fabrics or vinyl wraps (with the exception of private or one-off use);
bundle Content with software such as paint programs, plugins, 3D engines, 3D programs or photo-kiosk software;
use the content to create marketing materials for competing products or services, including - without limitation – marketing materials for texture libraries, material libraries and/or material creation software;
use the Content in connection with deep learning, machine learning, algorithm training, neural networks, machine vision, image recognition or other artificial intelligence technologies;
use the Content in connection with non-fungible tokens (NFTs);
release the Content or derivative products with Content under Open Source Licences;
use Content in Second Life, Sansar or any other Linden Lab product or service;
use Content for any purpose that violates Dutch or other applicable law or regulation;
use a program (spider, leecher) or script to automatically download (all) Content on the Website;
interfere with the security or otherwise abuse, disrupt, place excessive loads on, or attempt to gain unauthorised access to the Website or any system resources or networks connected to this website.
Article 7. Intellectual Property Rights and License
The Content you download is only licensed to you; you do not become the owner of the Content. Also, while we own copyright to all the Content and Photos on our website, in rare cases a photo may show a logo, brand name or copyrighted design. Be careful with these types of photo, because the owner of the logo, brand or design might not like it when it's used in your work.
You are not allowed to share or license downloaded Content to other people or companies, unless it is required for the production of your project.
All intellectual property rights to all Content belong solely to Textures.com or its licensors. In consideration for receiving any amounts owed, you will be given a right of use that is non-exclusive and non-transferable and under the competencies explicitly granted under these terms and conditions or otherwise. The foregoing license is non-sublicensable, with the sole exception that you may sublicense the Content to a third party that uses the Content as part of the works you delivered to such third party and provided that such use complies with the requirements set forth in Article 6 of these terms and conditions. For instance, this shall apply to the Content that you incorporate in a project (e.g. a movie poster) which will be published and distributed by your customer (the third party.
Some Content contains man-made graphic materials such as wallpaper patterns, logos, brand names or signs. Even though the intellectual property rights in the Content ‘as is’ belongs to Textures.com or its licensors, certain usage of this Content may breach third party rights or may otherwise not be permitted. The use Content in which such material is incorporated is at your own discretion and for your own risk and responsibility.
Article 8. Warranty
For a lot of of Content we give an IP warranty. This is shown this under License Information on the Content download page.
If Textures.com has explicitly provided an “IP-Warranty” for certain Content, Textures.com thereby represents and warrants that it has the rights in an to the Content to grant the usage rights as set out these terms, and that such use will not infringe any third party intellectual property rights. To check whether Textures.com has provided an IP-Warranty, please check your account and the specific Content-pages on the website.
Article 9. Liability
If something bad happens because you use our photos or because our website fails, we are only liable up to a certain limit. If you do something really bad with the photos (for example, the unlikely event that you commit a crime using the Photos), and that results in getting us sued, you agree to help defend us.
The total liability of Textures.com to you due to attributable failure to perform the agreement or otherwise is limited to compensation not exceeding the amount paid by you in the twelve months prior to the moment the cause of the damage occurred. The foregoing limitations, shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
In no event shall Textures.com be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the website, the Content or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
Any right to claim compensation is at all times subject to the condition that you notify Textures.com of the loss and/or damage in writing within no more than two months of its discovery.
Any limitation or exclusion of liability stipulated in the agreement shall not apply in the event that the loss and/or damage is attributable to willful misconduct or deliberate recklessness on the part of Textures.com
In case of force majeure, Textures.com is never required to compensate for damages suffered by you. Force majeure includes, among other things, the disruption or unavailability of the internet, telecommunications infrastructure, power interruptions, riots, strikes, company disruptions, interruptions in supply, fires and floods.
You shall indemnify and hold Textures.com harmless from and against any and all claims arising out of or in connection with this agreement including any use of the Content by you that is prohibited under the conditions set out in the agreement.
Article 10. Non-Competition
It's not permitted to use our photos to create products or services that compete with our website. This means you are not allowed to sell or give away our photos as textures, texture packs, clipart, shaders, material packs (even when you modify the photos!).
You will not use Content to develop or sell products or services that are comparable to the service or the platform belonging to Textures.com.
In the event of a breach of the provision of Article 10.1, you will owe Textures.com an immediately due and payable penalty of EUR 10,000.00 per established breach without further notice of default being required, and will further owe Textures.com an immediately due and payable penalty of EUR 500.00 for each day that the breach continues, without prejudice to the right to demand full compensation.
Article 11. Privacy
We do not share your personal information with anyone, except when strictly needed (for example when you make a purchase on our website). We will only send you an email for account activation or when you forget your password. If we ever want to send a newsletter, we will ask for your permission first. Please see our privacy statement for more information.
Textures.com respects your privacy and personal data. We do not disclose your personal data to third parties unless we are thereto required by law. No electronic newsletters or offers will be sent to you without your prior consent. Any information submitted by you will be used solely for the purpose of completing the transaction, delivering the Service and addressing any customer service issues. In our privacy statement, we will explain which personal data we process and for which purposes.
Article 12. Changes to terms and conditions
Textures.com may change these terms and conditions as well as any prices at any time. For Free accounts, changes to these terms apply directly. For Premium Access Subscriptions the terms will take effect after the first renewal.
Textures.com may change these terms and conditions as well as any prices at any time.
Textures.com shall announce changes or additions through the service or on the website.
The adjusted terms will take effect immediately for free accounts and new purchases. For Premium Access Subscriptions, the terms will take effect after the first renewal. For Premium Access accounts with an active Credit packs (whether or not in combination with a Subscription), the terms will take effect after thirty (30) days after the announcement as mentioned in Article 12.2.
If you do not want to accept a change or addition, you can terminate the agreement when the changes take effect. Use of the Service after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 13. Duration and Termination
When your Premium Access expires, you lose your Premium credits and it is no longer possible to re-download.
A Premium Access Subscription commences upon the date of conclusion of the agreement and will remain in force for the duration set out in the agreement. If you have chosen a recurring subscription, the subscription will automatically renew with successive terms equal to the initial term. Each party may terminate a subscription in writing or via electronic means by the end of the initial or renewed term. A subscription may not be terminated mid-term.
Upon the end of a Premium Access Subscription, due to termination or otherwise, the unused credits will expire and your account will be automatically converted into a free account. You do not get a refund for any unused credits. You can no longer re-download.
You can delete your account at any time through your account settings. If you would like to delete an Premium Access account, please contact us. Note that deleting your account is irrevocable and will not relieve you of any existing (payment) obligations, for example due to an active Premium Access Subscription.
Textures.com may terminate any agreement at any time with due observance of a notice period of one (1) month. In such case, Textures.com may provide you with a refund if you have any unused premium credits and/or time remaining on your Premium Access Subscription.
Textures.com is entitled to temporarily block or terminate your account without prior notice in the event of a breach by you of these terms and conditions. Textures.com is not liable for any damage you may suffer as a result such actions.
Article 14. Effect of Termination
When your Premium Access expires or your account is removed, you can continue to use the images you have downloaded (provided the use is in compliance with these terms and conditions).
Upon the end of the agreement you will remain entitled to continue to exploit any Content that was already downloaded, modified and/or incorporated into any of your products and to distribute those products - provided that any of such use remains compliant with the terms of use set out in Article 6. Furthermore, end users will remain entitled to continue to use any of your products with the Content incorporated.
Article 15. Miscellaneous
We are located in The Netherlands; any legal disputes with us will have to be handled in Rotterdam under Dutch Law.
Dutch law applies to this agreement.
Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Photo service shall be brought before the competent Dutch court based in Rotterdam.
For any clause in these terms and conditions which demands that a statement must be made "in writing" to be legally valid, a statement by e-mail or communication through the Textures.com service shall be sufficient provided the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.
The version of any communication of information as recorded by Textures.com shall be deemed to be authentic, unless you supply proof to the contrary.
In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
Textures.com is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Textures.com or the associated business activities.
Open Source Software Licensed under the Unreal Engine End User License Agreement:
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1. UnrealEngine
© 2004-2023, Epic Games, Inc. All rights reserved. Unreal and its logo are Epic’s trademarks or registered trademarks in the US and elsewhere.
You may find the original code here: https://github.com/EpicGames/UnrealEngine.git
Terms of the Unreal Engine End User License Agreement:
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Unreal® Engine End User License Agreement
To see the EULA change log click here.
This Unreal Engine End User License Agreement (the “Agreement”) applies to your use of Unreal Engine, Epic’s real-time 3D creation tool. Unreal Engine can be used for a wide range of applications, including video games; virtual production and virtual sets for film and television; immersive visualization and design reviews for architecture and automotive; animated content for entertainment or commercials; education; simulation for training purposes, and much more.
This Agreement is a legal document detailing your rights and obligations related to using Epic’s proprietary computer software program known as Unreal® Engine and any updates or upgrades to the program made available by Epic (the “Licensed Technology”). By downloading or using the Licensed Technology, you are agreeing to be bound by the terms of this Agreement, and this Agreement will be effective upon the first of those events to occur. If you do not or cannot agree to the terms of this Agreement, do not use the Licensed Technology. When we say, “you,” “your” or “yourself”, we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say “Epic,” “we” or “us,” we are referring to the Epic entity responsible for providing the Licensed Technology in your region detailed in Section 10.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 17). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.
You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.
Table of Contents
The Licensed Technology
1. What Technology Epic Is Licensing to You
2. How You Can Use the Licensed Technology
3. What you Pay Epic for Using the Licensed Technology
4. How You Can Distribute Products You’ve Made with the Licensed Technology
5. How You Can Distribute the Licensed Technology When It Isn’t Part of a Product
6. Other Restrictions on Your Use of the Licensed Technology
7. Who Owns What
Our Relationship
8. The Agreement Between You and Epic
9. Who are You?
10. Who is Epic?
11. Privacy
12. Records and Audits
Other Rights and Obligations
13. Disclaimers
14. Limitation of Liability
15. Indemnification
16. Governing Law and Jurisdiction
17. No Class Actions
18. Miscellaneous
Royalty Addendum
1. What Products Require Royalty Payments to Epic
2. Prerequisites for Distributing a Product Requiring Royalty Payments
3. What is the Royalty Rate?
4. How the Royalty Payment Is Calculated
5. Additional Examples
6. Reporting and Making Your Royalty Payments
7. Other Obligations You Have
The Licensed Technology
1. What Technology Epic Is Licensing to You
The Licensed Technology licensed to you under this Agreement includes all Unreal Engine code and related Epic-provided content that you access when you download, use, or install Unreal Engine. This includes Engine Code, Examples, and Starter Content.
“Engine Code” means the Source Code (as defined below) and object code of Unreal Engine, including any future versions made available to you by us under this Agreement and any object code compiled from that Source Code.
“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.
“Examples” means the code, artwork, or other content made available by us in the Samples and Templates folders in the install directory.
“Starter Content” means the code, artwork, or other content made available by us and installed to your computer in connection with Unreal Engine, excluding Examples.
The Licensed Technology includes any modified version of any of the foregoing that you make under the License.
Licensed Technology does not include any items, assets, content, or other materials that we may make available to you in other ways (the “Content”), even if that Content can be used with Unreal Engine. For example, assets you may download from an Epic-operated online marketplace (including, but not limited to, Fab) are not Licensed Technology and are not licensed to you under the terms of this Agreement.
2. How You Can Use the Licensed Technology
Epic grants you a non-exclusive, non-transferable, non-sublicensable license to privately use, reproduce, display, perform, and modify the Licensed Technology in accordance with the terms of this Agreement (the “License”). This means that as long as you are not violating this Agreement (such as by exceeding the Seat limitation stated in Section 6(a)) or applicable law, you can privately use the Licensed Technology however you want, including to develop Products. By “Products” we mean products, services, or any other projects that either (a) are made using any Licensed Technology or (b) combine any Licensed Technology with any other software or content. If you want to Distribute the Licensed Technology or any Products you have made, Sections 4 and 5 below address when and how you can do that.
3. What you Pay Epic for Using the Licensed Technology
Depending on how you use the Licensed Technology, you may be obligated to pay Epic either royalty payments, or seat subscription fees, or a combination under this Agreement:
(a) If you are developing a Royalty Product (as defined in Section 4(b)), you do not need to pay Epic any seat subscription fees for that use of the Licensed Technology. However, you may need to pay Epic royalties on the worldwide gross revenue attributable to each Royalty Product. See the Royalty Addendum for information on how royalties are calculated and for what revenue is excluded from the obligation.
(b) For any other use of the Licensed Technology, you will need to purchase seat subscriptions (described in Section 6(a)) for each developer who accesses the Licensed Technology unless you qualify for an exception. See Section 6(b) for exceptions related to personal hobbyists, indie developers (those making less than $1,000,000 a year), non-commercial uses, and educational institutions.
4. How You Can Distribute Products You’ve Made with the Licensed Technology
You may only Distribute Products as expressly permitted in this Section 4. Any Product that you Distribute that incorporates Licensed Technology must incorporate the Licensed Technology only in object code and only as an inseparable part of the Product.
“Distribute” means, with respect to code or a Product, to provide or otherwise make a copy of the code or Product available publicly or to any other person or entity or make its functionality available on a network.
a. Royalty-Free Distribution
As described in this Section 4(a), you may Distribute certain Products to certain persons or entities without any obligation to pay us royalties (“Royalty-Free Products”), even if you are monetizing that Distribution. Royalty-Free Products may still be subject to seat subscription requirements described in Sections 6(a) and 6(b).
i. Non-Engine Products (e.g., Rendered Video Files)
You will not be obligated to pay us any royalty payments for Distributing Products that (i) do not include any Engine Code, (ii) do not require any Engine Code to run and (iii) do not include Starter Content in source format (“Non-Engine Products”) to any person or entity.
This means, for example, you will not be obligated to pay us royalties for Distributing:
rendered video files (e.g., broadcast or streamed video files, cartoons, movies, or images) created using the Engine Code (even if the video files include rendered depictions of Starter Content) or
asset files, such as character models and animations, other than Starter Content, that you developed using Engine Code. Such asset files remain Non-Engine Products even if included in Products that use or rely on other video game engines.
Please note that certain assets that we make available under separate agreements are available for use only with Unreal Engine.
ii. Indirect Revenue
You will not be obligated to pay us any royalty payments for Distributing Products to any person or entity if the Products do not directly generate revenue -- i.e., no revenue is attributable to any Product access, including features and functionality within the Product, or to any in-Product benefits.
This means, for example, that Distribution of a free car configurator app (a Product) used to sell cars will not result in royalties owed on sales of the cars themselves, even if the sales are made via the configurator app.
iii. Other Royalty-Free Distributions
You will not be obligated to pay us any royalty payments for Distributing Products:
A. To the legal entities that are part of your company group, such as a parent company or a subsidiary, for their private use, so long as those entities do not further Distribute the Products outside of your company group.
This means, for example, applications (which would be Products) you create for internal use within your company can also be shared with your parent company, your subsidiary, or another subsidiary of your parent company without royalty obligation to Epic.
B. To a single client who hired you to develop a Product specifically for their private use on a work-for-hire basis subject to a written agreement that either (i) recognizes the client as the author of the Product for copyright purposes or (ii) that assigns all of your copyright interest in and to the Product to the client. Neither you nor your client are authorized to further Distribute the Product or any variation of the Product.
This means, for example, if you are hired to create an application (a Product), you can Distribute that application to your client without royalty obligation to Epic.
C. That are used, displayed, and performed solely at physical locations under your control or the control of your authorized distributors and that are not otherwise Distributed to end users.
This means, for example, that you may use the Licensed Technology in interactive amusement park rides, coin-op arcades, or location-based experiences without royalty obligation to Epic.
b. Royalty Bearing Distribution
Distributions of any Product that is not a Royalty-Free Product (such Products, “Royalty Products”) will be subject to the terms of the attached Royalty Addendum. Additionally, any advance on Royalty Product revenue you receive to develop a Royalty Product will be subject to the Royalty Addendum. However, as described more fully in the Royalty Addendum, you will not be obligated to pay us royalty payments under this Agreement unless a Product directly generates more than $1,000,000 USD in gross revenue.
A Royalty Product includes any Ports of that Royalty Product. A “Port” means a Royalty Product which (a) is an adaptation of an already released Royalty Product under an existing Unreal Engine License Agreement for its release on a different platform, regardless of what platforms that Royalty Product is originally released on; or (b) is crossplay or multiplayer compatible with substantially similar gameplay to an already released Royalty Product under an existing Unreal Engine License Agreement.
This means, for example, that you may be obligated to pay royalties to Epic for Products that are sold to the general public or for off-the-shelf Products that you sell privately to third parties, whether directly by you or through a distributor or publisher.
c. Use by End Users, Publishers, and Distributors
When you Distribute a Product, you may permit end users to use, reproduce, display and publicly perform the Licensed Technology, solely (1) as incorporated in the Product in object code as an inseparable part of the Product, (2) to the extent necessary for end users to make permitted uses of the Product, and (3) pursuant to an end user license agreement that explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Technology. You may not permit your end users to incorporate any Licensed Technology into their own products, services, or other projects. You may, however, permit your publishers and distributors to market and Distribute a Product on your behalf, but only to the extent that you are permitted to make such Distribution yourself under this Section 4, and such Distribution will be subject to the terms of this Agreement.
5. How You Can Distribute the Licensed Technology When It Isn’t Part of a Product
You may only Distribute the Licensed Technology (including as modified by you) outside of a Product as expressly permitted by this Section 5.
a. Distributing Engine Code
i. Distributing Engine Code to Another Licensee
You may Distribute Engine Code (including as modified by you) in Source Code or object code to a third party who is separately licensed by us to use the same version of the Engine Code that you are Distributing.
Any public Distribution of Engine Tools (e.g., intended generally for third parties who are separately licensed by us to use the Engine Code) must take place through a marketplace operated by Epic such as the Fab 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).
ii. Distributing Engine Code for Public Discussion
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 third parties without a license to the Engine Code to use or modify any Engine Code or to aggregate, recombine, or reconstruct any larger portion of the Engine Code.
b. Distributing Examples
You may Distribute Examples (including as modified by you) in Source Code or object code to any third party.
c. Distributing Non-C++ Program 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 in Source Code (including, but not limited to, any compiler, linker, toolchain, and runtime), free of charge, to all third parties who are separately licensed by us to use Unreal Engine, and under a license that permits licensees to Distribute the integration free of charge, on all platforms, in any Product.
6. Other Restrictions on Your Use of the Licensed Technology
a. Seat Subscriptions
Except as stated in Section 6(b), only Users (as defined in Section 9(c)) who have been assigned a Seat may access the Licensed Technology for the purpose of developing a Royalty-Free Product. “Seat” means the right granted to you by Epic to allow one User to access and use the Licensed Technology on your behalf in accordance with the terms and conditions of this Agreement. Seats are offered as automatically renewing subscriptions.
An individual Seat is personal to the User to which it has been assigned, and you must reassign a Seat before allowing it to be utilized by a different User. A User may access the Licensed Technology from multiple computers or workstations while still only occupying a single Seat. Conversely, two Users accessing the Licensed Technology from a single computer or workstation would occupy two Seats.
This means, for example, that if you only use the Licensed Technology to develop games that will be offered to the general public then you do not need to purchase any Seat subscriptions. If, however, you also use the Licensed Technology to privately develop Products for clients or your own internal uses, or to make other Royalty-Free Products, those working on such Products would need Seat subscriptions.
b. Exceptions to Seat Subscription Requirements
The following exceptions apply to the Seat subscription requirements stated in Section 6(a).
i. Personal and indie exception. During any period that you, together with any entities in your corporate group, have generated less than $1,000,000 USD in gross revenue over the last 12 months, the Seat subscription requirement will not apply to your Users. For purposes of this calculation, your corporate group means any entities that control, are controlled by, or are under common control with you and revenue includes any advances received or other funds raised.
ii. Educational exception. If you are an educational institution, like a school or a library, the Seat subscription requirement does not apply to your Users when they are accessing the Licensed Technology only for educational purposes.
iii. Non-commercial exception. The Seat subscription requirement does not apply to your Users when they are accessing the Licensed Technology only for non-commercial purposes. Non-commercial purpose means a purpose without any direct or indirect commercial benefit. All uses of the Licensed Technology by or on behalf of commercial entities are regarded as being for commercial purposes.
c. Non-Compatible Licenses
You may not, and may not permit others to, 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 (those licenses, the “Non-Compatible Licenses”). This means, for example, that you may not combine the Licensed Technology with code or content that is licensed under any of the following licenses: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution-ShareAlike License.
d. Restrictions on Engine Tools
If your Product includes Engine Tools, you may only Distribute it through either the Fab Marketplace or through a fork of Epic’s GitHub UnrealEngine Network. “Engine Tools” means the (i) editors and other tools included in the Engine Code; (ii) any code and modules in either the Developer or Editor folders, including in object code format, whether statically or dynamically linked; and (iii) other software that may be used to develop standalone products based on the Licensed Technology.
e. General Restrictions
You must ensure that your activities with the Licensed Technology do not:
violate any applicable law or regulation;
result in the Licensed Technology being rented or leased;
misappropriate any of our other products or services;
support a claim by you or any third party that the Licensed Technology infringes a patent;
result in a sale or grant of a security interest in any Licensed Technology;
result in a Distribution of a Product or the Licensed Technology in any manner other than as permitted by Sections 4 and 5;
result in using the Licensed Technology as a training input to any Generative AI Program or as prompt-based input where the Generative AI Program trains on input data. “Generative AI Program” means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content; or
use, or permit others to use, MetaHuman digital characters and animation curves (or any rendered output thereof if crafted to replicate the functionality of MetaHuman) to build or enhance any database or training or testing any artificial intelligence, machine learning, deep learning, neural networks, or similar technologies.
7. Who Owns What
As between you and us, you own all rights, other than rights in the Licensed Technology, in the Products you develop under this Agreement, and we own all title, ownership rights, and intellectual property rights in the Licensed Technology.
All rights granted to you under this Agreement are granted by the License only and not by sale, and all of those rights are limited by and subject to the terms of this Agreement. No license or other right in any Epic technology or intellectual property rights other than the Licensed Technology is granted under this Agreement, and no license or other rights will be created under this Agreement by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.
a. Proprietary Notices and Attribution
You agree to retain the copyright, trademark, and other proprietary notices and disclaimers of Epic as they appear in the Licensed Technology.
If a Product you develop under this Agreement has credits, you must place the following notices in the credits (replacing xxxx with the current year):
“[Product name] uses 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 is granted under this Agreement in the trademarks, service marks, trade names, and logos associated with Epic, Epic’s games and other intellectual property, including the Unreal Engine and MetaHuman names and logos (the “Epic Trademarks”). 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 unrealengine.com/branding for more information.
b. Third Party Software
The Licensed Technology incorporates and is bundled with code developed by third parties (the “Third Party Software”) that may be subject to additional or alternative license terms. If Third Party Software is incorporated in the Licensed Technology and is subject to additional license terms, those terms or other attribution requirements can be found in the installation directory for each engine version under the /Engine/Source/ThirdParty/Licenses sub-folder. Third Party Software that is only bundled with the Licensed Technology as independent, standalone software can be found in the installation directory for each engine version under the /Engine/Extras/ThirdPartyNotUE/ sub-folder. This Third Party Software is not itself Licensed Technology and is instead licensed to you directly by its authors under the license terms provided in the /Engine/Extras/ThirdPartyNotUE/ sub-folder.
By entering into this Agreement and using Third Party Software, you are accepting the terms of those additional or alternative licenses. In the case of additional license terms, the additional license terms will take precedence over any inconsistencies with the terms of this License with regard to the Third Party Software licensed under those additional license terms. 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.
c. Feedback and Contributions
You grant Epic a right to freely use and disclose any feedback or suggestions that you provide to us regarding the Licensed Technology (the “Feedback”). You acknowledge that we may use any Feedback, including any ideas contained in Feedback, for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, modify, or improve the Licensed Technology in our sole discretion. You understand that we may treat Feedback as non-confidential.
You 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 any Contributions for all current and future methods and forms of exploitation in any country. “Contributions” means any information or content, including software or code, that (a) you make available to Epic via submissions to forums, wiki, Epic’s GitHub UnrealEngine Network, or other source code repository under our control and that are based upon or incorporate the Licensed Technology or (b) that you provide to Epic and explicitly designate in writing as a 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. If any rights to be licensed under this Section 7(c) may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any of those rights.
d. License You Grant Epic to Cloud Input Data
When you use cloud features of the Licensed Technology, you are temporarily granting access to your relevant data (“Cloud Input Data”) to Epic or its affiliates, and you grant Epic permission to use Cloud Input Data for the sole purpose of generating the data you request from those cloud features. Epic does not retain your Cloud Input Data after it is processed. Epic does not use your Cloud Input Data for any purpose other than satisfying your request. You will ensure you do not provide Cloud Input Data unless you have all rights necessary to have Epic and its affiliates process it on your behalf and you provided all required notices and obtained all necessary consents from any individuals whose likeness is captured in the Cloud Input Data as required by applicable law.
Our Relationship
8. The Agreement Between You and Epic
a. Amendments
If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Technology you already have access to.
However, if we make changes to this Agreement, you will not be allowed to access certain Epic services or download the Licensed Technology unless you have accepted the amended Agreement. If we make changes, we will provide you with notice, such as by sending an email or giving you notice when you next log into an Epic service.
b. Alternative and Additional Terms
With respect to your rights and obligations related to Licensed Technology, this Agreement supersedes any prior Unreal Engine End User License Agreement for Publishing, Unreal Engine End User License Agreement for Creators, and MetaHuman Creator End User License Agreement you may have. Those agreements will continue to survive only to the extent that you continue to have rights and obligations under them related to Content. Once you have also agreed to the Epic Content License Agreement (unrealengine.com/eula/content), those agreements will be superseded completely.
This Agreement, however, does not supersede, amend or otherwise affect other agreements you may have with us or any sublicensor authorized by us, other than as described in Section 8(a). For example, if we grant you a license to use Unreal Engine to develop one or more products under a custom license, that custom license and not this Agreement governs your use of Unreal Engine and related materials with respect to those products.
c. Notice
Where this Agreement calls for notice from us, including written notice, we may provide notice to you through the Epic services or by any email address that you’ve provided to us. Our notices, when provided to you through the Epic services, will be effective when you access the Epic services, and when sent to you by email, will be effective when they are sent.
9. Who are You?
a. You
If you use the Licensed Technology on behalf of another person or entity, (i) all references to “you” throughout this Agreement will include, and this Agreement will be binding on, that person or entity, (ii) you represent that you are authorized to accept this Agreement on that person’s or entity’s behalf, and (iii) in the event you violate this Agreement, that person or entity agrees to be responsible to us.
b. Eligibility for This Agreement
If you are under the age of legal majority where you live or otherwise require the consent of a parent or legal guardian to enter into this Agreement under applicable law, you may use the Licensed Technology only under the supervision of a parent or legal guardian who also agrees to be bound by this Agreement.
You are not eligible to enter into this Agreement and may not download or use the Licensed Technology if you are, or are acting on behalf of any person or entity that is (i) listed on or otherwise subject to restrictions under, the Specially Designated Nationals and Blocked Persons List or other similar lists maintained by any U.S. government entity pursuant to economic sanctions laws or (ii) located in, organized in, or ordinarily resident in any country or territory that is subject to a U.S. embargo or other legal prohibition against receiving the Licensed Technology, in each case unless your use of the Licensed Technology is authorized by U.S. law.
c. Epic Account and Your Users
In order to access and download the Licensed Technology, you must first set up an account with us, which will be governed by Epic’s Terms of Service (epicgames.com/tos).
The License (as defined in Section 2) permits use of the Licensed Technology only by individuals who have accessed it by using a valid user account (“Users”). If you are an individual, you are the User. If you are a legal entity, the individual employees or agents exercising your rights under this Agreement are Users. When exercising a legal entity’s rights under this Agreement, Users are not required to accept this Agreement as individuals. The User may store the Licensed Technology on any of the User’s computers, but the Licensed Technology cannot be shared with others except as part of a permitted Distribution of Licensed Technology as described in Sections 4 and 5.
d. Use by Educational Institutions
As an exception to the above requirement that only a User may use the Licensed Technology, if you are an educational institution, like a school or a library, you may store Licensed Technology on any of your computers, and you may allow all users of those computers to use the Licensed Technology under the License on those computers. However, those users are not authorized under your License to Distribute the Licensed Technology (including as incorporated in a Product). For that, they must obtain a License of their own.
10. Who is Epic?
The Epic entity entering into this Agreement with you corresponds to where you live, as set forth below:
If you live (or if the primary place of business of the entity on whose behalf you are using the Licensed Technology is):
In the United States of America the Epic entity entering into this Agreement with you is Epic Games, Inc.
Outside of the United States of America the Epic entity entering into this Agreement with you is Epic Games Commerce GmbH.
11. Privacy
Your privacy is important to us. Please review our Privacy Policy (epicgames.com/privacypolicy). It describes how we collect, use, and share information when you use the Epic services that link to this Privacy Policy.
If you are using the Licensed Technology on behalf of your employer (such as by registering your Epic account with an email address associated with your employer's corporate domain) Epic may, at your employer's request, share your email address with your employer for the purpose of your employer's compliance with the Seat subscription requirements in this Agreement.
12. Records and Audits
You will keep accurate books and records that are reasonably sufficient to verify your compliance with the Seat subscription requirements and the Royalty Addendum. Epic or its designated representatives may upon reasonable prior notice to you conduct reasonable audits of those books and records. Any such audit (a) will be conducted by an independent third party auditor designated by Epic, (b) will not unreasonably interfere with your business activities, (c) may be conducted no more frequently than once every twelve (12) months, and (d) will be conducted during regular business hours. Provided you have complied with this Section 12, Epic will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited. In all other cases, you will reimburse Epic for the cost of the audit.
Other Rights and Obligations
13. Disclaimers
Nothing in this Agreement will prejudice any statutory rights that you have that may not be waived. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this and the next sections, so the below terms may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by the applicable laws of such jurisdictions.
THE LICENSED TECHNOLOGY, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, CODE, AND SOFTWARE, ARE PROVIDED BY EPIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPIC AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE “EPIC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED TECHNOLOGY. YOUR USE OF THE LICENSED TECHNOLOGY IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE EPIC PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE EPIC PARTIES DO NOT WARRANT THAT THE LICENSED TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
14. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO EPIC UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION 14 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE EPIC PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
15. Indemnification
This section only applies to the extent allowed by the applicable laws of your jurisdiction. If the applicable laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the applicable laws of your jurisdiction, all liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense cost of, and hold harmless the Epic Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) arising out of or in connection with any third-party claims, demands, or actions (i) that, if true, would involve a breach by you of this Agreement (including, without limitation, any distribution or sublicensing of the Licensed Technology in violation of this Agreement), or (ii) related to your Products or your exercise of the License (except to the extent the third party is alleging your authorized use of unmodified Licensed Technology originally provided to you by Epic under this Agreement infringes any patent, trademark, or copyright).
16. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to this Agreement will be governed by New York law, exclusive of its choice of law rules. You and Epic agree to submit to the exclusive jurisdiction of the Supreme Court of New York County, New York, or, if federal court jurisdiction exists, the United States District Court for the Southern District of New York. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as 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 will be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
17. No Class Actions
To the maximum extent permitted by applicable law, you and Epic agree to only bring disputes arising out of or related to this Agreement in an individual capacity and will not:
seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement.
You have the right to opt-out of this class action waiver within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law. To exercise this right, you must send written notice of your decision to the following address: Epic Games, Inc., Legal Department, ATTN: CLASS ACTION OPT-OUT, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Your notice must include your name, mailing address, and account name, and state that you wish opt-out of this class action waiver. To be effective, this notice must be received by Epic and postmarked or deposited within 30 days of the date on which you first accepted this Agreement. You are responsible for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt.
18. Miscellaneous
a. Support
Epic does not have any support obligations with respect to the Licensed Technology under this Agreement. Support resources may be obtained at www.unrealengine.com/support. Without limiting the foregoing, Epic does not have any obligation to make new versions of the Licensed Technology available, or to continue to make available for access or download any versions of the Licensed Technology.
b. U.S. Government Matters; Export Controls
The Licensed Technology may be considered a “Commercial Item” (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 all end users (including any U.S. Government end users) only as a Commercial Item intended for general use, and with only those rights as are granted to other licensees under this Agreement.
You understand and agree that the Licensed Technology may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in violation of applicable export control, economic sanctions, or import laws or regulations, such as the U.S. Export Administration Regulations and U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.
c. No Assignment
You may not assign your rights or obligations under this Agreement, including any rights to use the Licensed Technology. Any attempted assignment in violation of the foregoing will be void. We may assign this Agreement, in whole or in part, or delegate our rights or obligations hereunder with or without notice to you.
d. Relationship of the Parties
The relationship between you and Epic will be that of independent signatories, and nothing in this Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.
e. Language
To the fullest extent permitted by applicable law, the controlling language for this Agreement is English. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. Any translation has been provided for your convenience.
f. No Waiver; Severability
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.
g. Survival
Upon conclusion of this Agreement, all royalties due to Epic will become immediately due and payable and all rights and remedies of Epic will survive.
h. Entire Agreement
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.
Royalty Addendum
If you Distribute a Royalty Product or generate advances or other revenue for a Royalty Product prior to its Distribution, you must comply with the terms of this Royalty Addendum.
1. What Products Require Royalty Payments to Epic
This addendum only applies to advances or other revenue generated in connection with Royalty Products. As a reminder, as further specified in Section 4(a) of the Agreement, this means the addendum generally does not apply to (and no royalty payments are due for):
a. Distributions of Non-Engine Products;
b. Distributions of Products that do not directly generate revenue;
c. Distributions of Products within your company group;
d. Distributions of Products to clients who hired you to develop the Products for them; and
e. Distributions of Products that are used, displayed, and performed solely at a physical location under your control or the control of your authorized distributors.
2. Submitting the Release Form
Before you Distribute a Royalty Product that will generate revenue, you must give Epic notice of your intended Distribution by submitting the release form found at unrealengine.com/release (the “Release Form”) as early as reasonably possible and in any event prior to the Distribution of the Royalty Product. Likewise, if you plan on beginning to generate revenue from a Royalty Product that you have already Distributed, you must submit a Release Form as early as reasonably possible before the Royalty Product is used to generate revenue.
3. What is the Royalty Rate?
a. The standard Royalty Rate
The “Royalty Rate” means the applicable percentage of Royalty Revenue you agree to pay to Epic. The Royalty Rate is equal to 5% of all Royalty Revenue (as defined in Section 4) unless your Royalty Product qualifies for a reduced royalty rate.
A Royalty Product that is a “Launch Everywhere with Epic Release” is entitled to a reduced Royalty Rate as explained in the next subsection.
b. Reduced Royalty Rate for Launch Everywhere with Epic Releases
If your Royalty Product qualifies as a Launch Everywhere with Epic Release (defined below), then beginning on the date the Royalty Product qualifies as a Launch Everywhere with Epic Release, the Royalty Rate will be reduced to 3.5% of all Royalty Revenue collected going forward across all platforms and stores.
If, at any time, a Royalty Product no longer qualifies as a Launch Everywhere with Epic Release the Royalty Rate will revert to 5% of all Royalty Revenue beginning on the date the Royalty Product no longer qualifies as a Launch Everywhere with Epic Release.
“Launch Everywhere with Epic Release” means a Royalty Product which, on or after January 1, 2025: (a) is released on at least one platform that supports Epic Games Store; (b) for each platform where (i) the Royalty Product is publicly released on the platform and (ii) Epic Games Store is available on the platform, the Royalty Product is publicly released on Epic Games Store on that platform either before or simultaneously with release on other stores on that platform; and (c) at all times, and subject only to platform limitations, at least meets the following parity requirements on an Epic Games Store:
i. Content Parity: during the commercial life of the Royalty Product, the Royalty Product on the Epic Games Store will have at least substantially the same content as corresponding versions on other stores including but not limited to, localizations, updates, bug fixes, and compatibility/performance updates but excluding other store-exclusive content you are contractually prohibited from making available on Epic Games Store; and
ii. Feature Parity: during the commercial life of the Royalty Product, the Royalty Product on the Epic Games Store will have at least substantially the same features as corresponding versions on other stores including but not limited to carry-over of save game to full game, cross-save, multiplayer, and social media integrations; and
iii. Marketing Parity: the product detail pages for the Royalty Product on Epic Games Store (such as a storefront), will have at least substantially the same content as corresponding versions on other stores on that platform; and any mention of availability of the Royalty Product on another store in any marketing materials (including links to store pages, videos, social media, etc.) will include equivalent mention of availability on Epic Games Store. This requirement applies to pre-launch marketing.
For iOS apps, Epic temporarily waives the Launch Everywhere with Epic Release requirement above to release such titles for Epic Games Store for iOS due to Apple's current commercially-prohibitive terms on alternative distribution. Epic will provide four (4) months prior notice before reinstating Launch Everywhere with Epic Release requirement on Epic Games Store for iOS.
4. How the Royalty Payment Is Calculated
The “Royalty Payment(s)” means the amount due to Epic calculated by multiplying the Royalty Revenue by the applicable Royalty Rate. “Royalty Revenue” means all worldwide gross revenue attributable to each Royalty Product minus any allowed exclusions enumerated in Section 4(b) of this Royalty Addendum.
a. Worldwide Gross Revenue
Worldwide gross revenue includes all revenue directly generated by your Royalty Product, regardless of who receives the revenue and regardless of whether you Distribute your Royalty Product to end users directly, self-publish via the App Store or any similar store, or work with a publisher or distributor. Royalty Revenue includes gross revenue:
i. resulting from any and all sales of a Royalty Product to end users through any and all media, including but not limited to digital and retail;
ii. resulting from any and all in-app purchases, downloadable content, microtransactions, subscriptions, sale, transfer, or exchange of user-generated content for use with a Royalty Product, or redemption of virtual currency which directly affects the operation of the Royalty Product, whether redeemed within the Royalty Product or externally;
iii. from any Kickstarter or other crowdfunding campaign which is directly associated with Royalty Product access or in-Royalty Product benefit (e.g., in a multi-tiered campaign, if an amount is established in an early tier solely for Royalty 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);
iv. from in-app advertising and affiliate programs;
v. from any advance payments for a Royalty Product (from a publisher or otherwise);
vi. received in connection with a Royalty Product’s inclusion in a streaming, subscription, or other game-delivery service (e.g., Apple Arcade, Microsoft GamePass, or any similar or successor services), including without limitation development funds and bonuses;
vii. received in connection with access to your Royalty Product or features or functionality within your Royalty Product; and
viii. received in any other form actually attributable to a Royalty Product (unless excluded below).
b. Allowed Exclusions
However, some gross revenue is excluded from the calculation of Royalty Revenue.
Quarterly exclusion: You will not be obligated to pay us any royalty payments for calendar quarters in which you don’t reach a certain threshold. The following is excluded from the calculation of Royalty Revenue:
i. revenue attributable to a Royalty Product from a calendar quarter during which the gross revenue for such Royalty Product is less than $10,000.
The following simplified examples illustrate how quarterly exclusions work and assume a Royalty Rate of 5%.
Your Royalty Product generates $9,000 in the first calendar quarter and $9,000 in the second calendar quarter. You will not be obligated to pay any royalties for either quarter.
Your Royalty Product generates $9,000 in the first calendar quarter and $10,100 in the second calendar quarter. You will not be obligated to pay any royalties for the first quarter and, unless another exclusion (such as the $1,000,000 lifetime exclusion) applies, you will be obligated to pay$505 ($10,100 x .05) in royalties for the second quarter.
Lifetime exclusions: Even if you have exceeded the quarterly exclusion, you will not be obligated to pay us any royalty payments until you reach certain lifetime gross revenue thresholds. The following are excluded from the calculation of Royalty Revenue:
ii. the first $1,000,000 in lifetime gross revenue for each Royalty Product; and
iii. the first $5,000,000 in lifetime gross revenue for each Royalty Product from the Oculus Store (or its successor).
The following simplified example illustrates how lifetime exclusions work.
You charge $10 for your Royalty Product and have sold 90,000 copies of it. You would not be obligated to pay any royalty payments on the $900,000 you have earned.
Royalty alternative exclusions: You may have already made a royalty payment or have other fee obligations to Epic on certain revenue generated by a Royalty Product. To prevent you from being charged twice by Epic on such revenue, the following exclusions apply to the calculation of Royalty Revenue:
iv. royalties that you pay on an advance payment of revenue for a Royalty 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 Royalty Product; and
v. revenue generated from sales of your Product on the Fab Marketplace or the Epic Games Store, and from any subsequent in-Product purchases making use of Epic’s payment services.
The following simplified examples illustrate how royalty alternative exclusions work and assume a Royalty Rate of 5%.
Your publisher pays you a $100,000 advance on a Royalty Product you are developing. You are not obligated to pay us any royalty payments on the advance (because you have not yet earned $1,000,000 in lifetime gross revenue on your Product).
Your publisher pays you a $1,100,000 advance on a Royalty Product you are developing that the publisher may recoup against future sales of your Royalty Product. You are obligated to pay only $5,000 to Epic for that advance (5% of $100,000 because you are not obligated to pay royalties on the first $1,000,000 in lifetime gross revenue from a Product). Your Royalty Product then generates $500,000 in sales, which normally creates $25,000 in royalty obligations. Since the $5,000 royalty from the advance is credited against this obligation, you are obligated to pay$20,000 ($25,000 - $5,000 credit) in royalties to Epic for the foregoing sales.
You charge $20 for your Royalty Product and have sold 90,000 copies of it through the Epic Games Store. Under this Agreement, you would not be obligated to pay any royalty payments on the $1,800,000 you have earned.
Other exclusions: The following are also excluded from the calculation of Royalty Revenue:
vi. revenue from a Royalty Product that is Distributed (whether by you or any other third party) only to third parties who are separately licensed by us to use Unreal Engine is excluded from Royalty Revenue;
vii. revenue from ancillary products that are not software and that do not contain embedded information (such as QR codes) that affects the operation of the Royalty Product (e.g., comic books, soundtracks, apparel);
viii. cash prizes given with awards earned for the Royalty Product;
ix. revenue from donations for a Product that are not tied to Royalty Product access or in-Royalty Product benefits;
x. sales or value added taxes charged to end users of the Royalty Product; and
xi. funding you receive from Epic through the Epic MegaGrants program.
5. Additional Examples
The following additional simplified examples illustrate how royalty payments are calculated and assume a Royalty Rate of 5%.
You charge $10 for your Royalty Product on the App Store. When you Distribute a copy, Apple may only pay you $7 (having deducted 30% as a distribution fee). However, your Royalty Revenue would be $10 and your royalty payment to Epic would be $0.50 (5% of $10).
Your Royalty Product generates $1 Million in the first calendar quarter and $9,000 in the second calendar quarter. You will not be obligated to pay any royalties for either quarter. The $1 Million from the first quarter falls under the lifetime exclusion in Section 4(b)(ii) of the Royalty Addendum. The $9,000 from the second quarter falls under the quarterly exclusion in Section 4(b)(i) of the Royalty Addendum.
Your Royalty Product generates $1 Million in the first calendar quarter and $10,100 in the second calendar quarter. You will not be obligated to pay any royalties for the first quarter as the $1 Million from the first quarter falls under the lifetime exclusion in Section 4(b)(ii) of the Royalty Addendum. You will be obligated to pay $505 ($10,100 x .05) in royalties for the second quarter.
6. Reporting and Making Your Royalty Payments
Within 45 days after the end of each calendar quarter in which you earn Royalty Revenue, you must report the Royalty Revenue to Epic on a per Product basis and pay Epic the Royalty Payments. Additional information on royalty reporting and payment can be found at unrealengine.com/release.
Any amounts unpaid after the required due date shall accrue interest at a rate equal to the 30-day average Secured Overnight Financing Rate (SOFR) rate effective for the date that payment was first due (as reported by the Federal Reserve Bank of New York) or the maximum rate allowable by applicable law, whichever is less, compounded monthly.
Except to the extent required by applicable law, all payments, fees and royalties are non-refundable under all circumstances.
7. Other Obligations You Have
a. Taxes
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). Epic may charge sales tax, value added taxes, goods and services taxes, or other similar indirect taxes as required by law to Licensee unless you provide a valid sales tax resale certificate, exemption certificate, VAT ID, GST ID, or other similar tax ID to Epic prior to execution of this Agreement. Both parties shall take all measures in accordance with their respective domestic law and double taxation agreement, if any, to ensure a reduction or exemption of withholding income tax, which might become payable in connection with the Agreement. For the aforementioned purpose, Epic will provide you with documentation sufficient to substantiate reduced or exemption (if any) of withholding income tax subject to the Tax Treaty. 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 the withholding.
b. Currency
You are responsible for ensuring that all applicable Royalty Revenue and Royalty Payments are converted to USD using rates published by an international bank or recognized exchange rate website.
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End of the Attribution Notice of this project.