End User License Agreement
Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software, as well as any Content you obtain through the Software or Marketplace (as such terms are defined below). By downloading or using the Software or Content, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use the Software or Content.
Use of the Editor (as defined below) is subject to the Unreal® Engine End User License Agreement (“UE EULA”), which may be found atwww.unrealengine.com/eula, as supplemented by the additional terms and conditions in Sections 5 and 6 of this Agreement. By downloading or using the Editor, you also agree to the UE EULA. Use of the Marketplace is subject to Epic’s Terms of Service. By using the Marketplace, you also agree to Epic’s Terms of Service.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 18.
If your primary residence is in the United States of America, your agreement is with Epic Games, Inc. If it is not in the United States of America, your agreement is with Epic Games International S.à r.l., acting through its Swiss branch.
Epic grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use one copy of the Licensed Materials on a device for your personal entertainment use (the “License”). The rights that Epic grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The License does not grant you any title or ownership in the Licensed Materials.
You may not do any of the following with respect to the Licensed Materials or any of its parts: (a) use it commercially or for a promotional purpose; (b) use it on more than one device at a time; (c) use Content with or in connection to any games, projects, products, or services other than the Software, (d) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive Source Code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; or (i) use, export, or re-export it in violation of any applicable law or regulation.
Epic may provide patches, updates, or upgrades to the Licensed Materials that must be installed in order for you to continue to use the Software. Epic may update the Software remotely without notifying you, and you hereby consent to Epic applying patches, updates, and upgrades. Epic may modify, suspend, discontinue, or limit your access to any aspect of the Software at any time. You acknowledge that your use of the Licensed Materials does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Licensed Materials, including but not limited to any in-game rewards, achievements, or character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Licensed Materials may cease to be available to you at any time without notice from Epic, including without limitation after a patch, update, or upgrade is applied by Epic. Epic does not have any support obligations with respect to the Licensed Materials.
Epic may make certain Content available to you, or may facilitate the exchange of certain Content generated by users, through the Marketplace for a non-refundable fee (“Premium Content”). You may only use such Premium Content if you pay the associated fee. When you pay the fee to obtain such Premium Content, you are purchasing from Epic the right to have your License include such Premium Content. Regardless of any references Epic may make outside this Agreement to purchasing or selling Premium Content, Premium Content is licensed, not sold, to you under the License.
When you provide payment information to Epic or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you, and you authorize Epic to charge such payment method for the full amount of the transaction.
Notwithstanding the terms of the UE EULA, you may not use the Editor or any Content (a) with or in connection to any games, projects, products, or services other than the Software, or (b) to create or develop any separate or standalone games, projects, products, or services. Your breach of the foregoing will constitute a material breach of both the UE EULA and this Agreement. If you have entered into the UE EULA, then upon termination of this Agreement, your license under the UE EULA to use the Editor and any Content will immediately terminate; provided, however, that such termination will not terminate any license you may have under the UE EULA with respect to your use of other versions of the Unreal® Engine.
Epic may make the Cloud Service available for your use, and You agree to comply with all terms, conditions, and policies made available to you in connection with the Cloud Service. You may use the Cloud Service solely for your personal entertainment use. You will not (i) use the Cloud Service for any commercial or promotional purpose, (ii) use any software, service, or other means (other than the Editor) to access or use the Cloud Service, (iii) upload or share any files or other materials other than Mods, (iv) use the Cloud Service for any illegal purposes, or (v) do anything to adversely impact the operation, availability, or use of the Cloud Service. Epic has the right but not the obligation to monitor and edit or remove any Mods and to monitor your usage of the Cloud Service. Epic also has the right to limit or terminate your access to all or part of the Cloud Service for any or no reason, including without limitation, any violation of this Agreement. Epic takes no responsibility and assumes no liability for any Mods uploaded or shared by you or any third party.
Any Mods you upload or store using the Cloud Service will not be treated as confidential by Epic, and you authorize Epic to store, host, and distribute any Mods you upload through the Cloud Service to any other user. You represent and warrant that you have all necessary rights to upload, store, share, and license such Mods. If you remove the Mods from the Cloud Service, Epic will use reasonable efforts to cease distribution of the Mods to other users through the Cloud Service, however Epic may retain copies of your Mod for archival and other internal uses. You hereby grant to each user who downloads your Mod a nonexclusive, royalty-free license to use one copy of your Mod on a device solely for the user’s personal entertainment. You agree that after downloading your Mod, the user may continue using your Mod even after you remove the Mod from the Cloud Service. However, unless you authorize broader use rights in the Cloud Service for your Mod, a user may not modify or redistribute your Mod or use your Mod for any commercial or promotional purpose.
As determined by Epic in its sole discretion, in no event may Mods be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or contain software viruses or other malware.
If you provide Epic with any Feedback, you hereby assign to Epic all right, title, and interest (including all copyright, patent, and other intellectual property rights) in that Feedback for all current and future methods and forms of exploitation in any country. If any such rights are not effectively assigned under applicable law, you hereby grant Epic a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback for all current and future methods and forms of exploitation in any country. If any such rights may not be assigned or licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Epic is not required to make any use of any Feedback that you provide. You agree that if Epic makes use of your Feedback, Epic is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback 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.
Epic and its licensors own all title, ownership rights, and intellectual property rights in the Software and Content. Epic, Epic Games, Unreal, Unreal Engine, and Unreal Tournament are trademarks or registered trademarks of Epic and its affiliates in the United States of America and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by Epic’s licensors. A list of credits for third party components may be found under the About tab in the game. Also, certain Content has been developed by users or other third parties and licensed to Epic for distribution to you under the License. Epic’s licensors may protect their rights if you violate this Agreement.
The Licensed Materials, Cloud Service, and Mods are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Licensed Materials, Cloud Service, or Mods, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its and their affiliates make no warranty that (1) the Licensed Materials, Cloud Service, or Mods will operate properly, (2) that the Licensed Materials, Cloud Service, or Mods will meet your requirements, (3) that the operation of the Licensed Materials, Cloud Service, or Mods will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Licensed Materials, Cloud Service, or Mods can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Epic, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Licensed Materials, Cloud Service, or Mods. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Epic, nor its licensors, nor its or their affiliates, nor any of Epic’s service providers (collectively, the “Epic Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Licensed Materials, Cloud Service, or Mods, even in the event of an Epic Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Licensed Materials, Cloud Service, or Mods will not exceed 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. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by law.
You agree to indemnify, pay the defense costs of, and hold Epic, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Licensed Materials, Cloud Service, or Mods, or (c) any Mods or other materials you make available the Cloud Service (including without limitation allegations that your Mods infringe third party intellectual property rights). You agree to reimburse Epic on demand for any defense costs incurred by Epic and any payments made or loss suffered by Epic, whether in a court judgment or settlement, based on any matter covered by this Section 10.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
By downloading or using the Licensed Materials or using the Cloud Service, you consent to the data collection and usage terms in Epic’s privacy notice, as it may be updated from time to time. The privacy notice is available at www.epicgames.com/privacynotice.
You acknowledge that the Software may collect and send to Epic anonymous hardware and usage data from the device on which you use the Software. This functionality is used by Epic to improve the Software.
Without limiting any other rights of Epic, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software and all Content. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software and Content in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Sections 2, 5, 7-15, and 17-19 will survive any termination of this Agreement.
You agree that this Agreement will be deemed to have been made and executed in the State of North Carolina, U.S.A., and any dispute will be resolved in accordance with the laws of North Carolina, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Superior Court of Wake County, State of North Carolina or the United States District Court for the Eastern District of North Carolina. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Licensed Materials, Cloud Service, Mods, or this Agreement. You also agree not to seek to combine any action or arbitration related to the Licensed Materials, Cloud Service, Mods, or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
The Licensed Materials, Cloud Service, and Mods are “Commercial Items” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Licensed Materials, Cloud Service and Mods are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.
You represent and warrant to Epic that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Epic may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement when you next access the Licensed Materials or Cloud Service. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Licensed Materials and Cloud Service. Your continued use of the Licensed Materials or Cloud Service will demonstrate your acceptance of the amended Agreement.
You may not, without the prior written consent of Epic, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Licensed Materials or Mods in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Licensed Materials or Mods. Epic may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
As used in this Agreement, the following capitalized words have the following meanings:
“Cloud Service” means the service made available by Epic through the Editor for uploading, hosting and sharing Mods.
“Content” means any artwork or other content asset that Epic makes available for you to access or download through the Software or Marketplace for your use with the Software.
“Editor” means the Unreal Tournament-specific version of the Unreal Editor that Epic makes available for you to access or download for your use with the Software, and any patches, updates, upgrades and documentation for such application. The term “Editor” specifically does not include (i) other versions of the Unreal Editor, (ii) Content, or (iii) the Software.
“Epic” means, depending on the location of your primary residence:
“Feedback” means any feedback or suggestions that you provide to Epic regarding the Licensed Materials, Cloud Service or Mods.
“Licensed Materials” means the Software and Content. Licensed Materials do not include the Editor, which is made available by Epic under the Unreal® Engine End User License Agreement, as supplemented by the terms and conditions of this Agreement.
“Marketplace” means a digital marketplace maintained by Epic or its affiliates through which, among other things, Epic makes certain Content available for use under the License.
“Mod” means content designed to be used with the Software to provide a gameplay experience that is customized or otherwise modified from the Software as made available by Epic.
“Software” means the proprietary computer game software application known as Unreal Tournament® first made generally available by Epic in 2014, and any patches, updates, upgrades, and documentation for such application, made available to you by Epic under this Agreement. Software specifically does not include (i) other applications known as “Unreal Tournament” that were made available by Epic before 2014, including any patches, updates, and upgrades to such applications, and related content and documentation, (ii) Content, or (iii) the Editor.
“Source Code” means the human readable form of a software program, including all modules it contains, plus any associated interface definition files, scripts used to control compilation, and installation of an executable (object code).
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.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are not enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent possible under applicable law.
Any act by Epic to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
Epic’s obligations are subject to existing laws and legal process, and Epic may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
Questions, complaints, or claims with respect to the Software or Content should be directed to Epic at: https://forums.unrealtournament.com/.
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