Draft Attribution

The Arena Breakout (Android) project is built on and with the aid of the following open source projects. Credits are given to these projects.

Open Source Software Licensed under the Unreal Engine End User License Agreement:

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1. UnrealEngine

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 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 Technology

1. What Technology Epic Is Licensing to You

2. How You Can Use the Licensed Technology

3. How You Can Share Products You’ve Made with the Licensed Technology

4. How You Can Share the Licensed Technology When It Isn’t Part of a Product

5. Other Restrictions on Your Use of the Licensed Technology

6. Who Owns What

Our Relationship

7. The Agreement Between You and Epic

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

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 content that is copied to your computer when you 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 when you install 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 Unreal Engine Marketplace 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 or applicable law, you can privately use the Licensed Technology however you want. If you want to share the Licensed Technology or anything you make with it, Sections 3 and 4 below address when and how you can do that.

3. How You Can Share Products You’ve Made with the Licensed Technology

If you develop products, services, or any other projects that (i) are made using any Licensed Technology or (ii) combine any Licensed Technology with any other software or content (collectively “Products”), you may only Distribute those Products as expressly permitted in this Section 3. 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 a Product, to provide or otherwise make a copy of the Product available publicly or to any other person or entity or make the Product’s functionality available on a network.

a. Royalty-Free Distribution

As described in this Section 3(a), you may Distribute certain Products to certain persons or entities without any obligation to pay us royalties, even if you are monetizing that Distribution.

i. Non-Engine Products (e.g., Rendered Video Files)

You will not owe 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 owe 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 Starter Content) or

● asset files, such as character models and animations, other than Starter Content, that you developed using the Engine Code, including in Products that use or rely on other video game engines.

Please note that certain assets that we make available under separate agreement are available for use only with Unreal Engine.

ii. Indirect Revenue

You will not owe 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 owe 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.

B. To clients who hired you to develop the Products for them, for their private use, so long as your clients do not further Distribute the Products. *

This means, for example, if you are hired to create an application (a Product), you can share that application with your client.

C. To other third parties who are separately licensed by us to use the Engine Code, through either the Unreal Engine Marketplace or through a fork of Epic’s GitHub UnrealEngine Network.

This means, for example, you may Distribute a plugin, modding tool, or editor to end users through the Unreal Engine Marketplace or through Epic’s Unreal Engine GitHub repository.

* If your Product includes Engine Tools, it may only be Distributed pursuant to (C) above.

“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.

b. Royalty Bearing Distribution

You may make other Distributions of Products, but unless described in Section 3(a), all Distributions of a Product will be subject to the terms of the attached Royalty Addendum. Additionally, any advance royalty payment you receive to develop such a Product will be subject to the Royalty Addendum. However, as described more fully in the Royalty Addendum, you will never owe us royalty payments under this Agreement unless a Product directly generates more than $1,000,000 USD in gross revenue.

This means, for example, that you may owe 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 3, and such Distribution will be subject to the terms of this Agreement.

4. How You Can Share the Licensed Technology When It Isn’t Part of a Product

You may only Distribute Licensed Technology (including as modified by you) outside of a Product as expressly permitted by this Section 4.

a. Sharing of Engine Code

i. Sharing Engine Code with 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 Unreal Engine 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. Sharing 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. Sharing Examples

You may Distribute Examples (including as modified by you) in Source Code or object code to any third party.

c. Sharing 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.

5. Other Restrictions on Your Use of the Licensed Technology

a. 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.

b. 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; or

● result in a Distribution of a Product or the Licensed Technology in any manner other than as permitted by Sections 3 and 4.

6. 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.”

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 Unreal Engine (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 6(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.

Our Relationship

7. 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 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 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 7(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.

8. 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) 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 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 3 and 4.

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.

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 International S.à r.l., acting through its Swiss branch.

10. 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.

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 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, 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.

12. 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 12 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.

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 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).

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 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.

16. 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 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 Control

The Licensed Technology 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 Technology 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 Technology 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.

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, 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 Product under Section 3(b) of the Agreement (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 3(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 via Unreal Engine Marketplace or Epic’s GitHub for Unreal Engine to third parties who are separately licensed by us to use the Engine Code.

2. Prerequisites for Distributing a Product Requiring Royalty Payments

Before you Distribute a Royalty Product that will generate revenue, you must give Epic notice of your intended Distribution as early as reasonably possible. Likewise, if you plan on beginning to generate revenue from a Royalty Product that you have already Distributed, you must give notice to Epic as early as reasonably possible before the Royalty Product is used to generate revenue. You must give Epic the notice required under this section by submitting the release form found at unrealengine.com/release.

3. What is the Royalty Rate?

You agree to pay Epic a royalty equal to 5% of all Royalty Revenue (as defined in the next section), regardless of whether that revenue is received by you or any other person or entity.

4. How the Royalty Payment Is Calculated

Royalty payments are calculated by multiplying the royalty rate of 5% by the Royalty Revenue. “Royalty Revenue” means all worldwide gross revenue attributable to each Royalty Product minus any allowed exclusions.

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; and

vii. 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 owe 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.

● Your Royalty Product generates $9,000 in the first calendar quarter and $9,000 in the second calendar quarter. You will not owe 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 owe any royalties for the first quarter and, unless another exclusion (such as the $1,000,000 lifetime exclusion) applies, you will owe $505 ($10,100 x .05) in royalties for the second quarter.

Lifetime exclusions: Even if you have exceeded the quarterly exclusion, you will not owe 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 owe 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 Unreal Engine 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.

● Your publisher pays you a $100,000 advance on a Royalty Product you are developing. You do not owe any royalty payments on the advance (because you have not yet earned $1,000,000 in lifetime gross revenue on your game).

● 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 owe only $5,000 to Epic for that advance (5% of $100,000 because you do not owe 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 owe $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 owe 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 which 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 which are not tied to Royalty Product access or in-Royalty Product benefits;

x. funding you receive from Epic through the Epic MegaGrants program; and

xi. revenue from a Royalty Product that is used, displayed, and performed solely at a physical location under your control or the control of your authorized distributors and that is not otherwise Distributed to users, such as interactive amusement park rides, coin-op arcades, or location-based VR experiences, which use the Licensed Technology.

5. Additional Examples

The following additional simplified examples illustrate how royalty payments are calculated.

● 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 owe 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 owe 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 owe $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 5% of the Royalty Revenue. Additional information on royalty reporting and payment can be found at unrealengine.com/release.

Epic reserves the right to charge a 2% late fee, per calendar quarter (compounding), for any amounts unpaid after the required due date.

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). 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. Epic cannot answer your questions about withholding taxes or taxes in general but provides general resources available at epicgames.com/help.

b. Records and Audits

You agree to keep accurate books and records related to your development, manufacture, Distribution, and sale of Royalty Products and related revenue. Epic may conduct reasonable audits of those books and records. Audits will be conducted during business hours on reasonable prior notice to you. Epic will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited, in which case you will be responsible for the cost of the audit.

Open Source Software Licensed under the MIT License:

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==============================================================================

The LLVM Project is under the Apache License v2.0 with LLVM Exceptions:

==============================================================================

Apache License

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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

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END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following

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Licensed under the Apache License, Version 2.0 (the "License");

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==============================================================================

Legacy LLVM License (https://llvm.org/docs/DeveloperPolicy.html#legacy):

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University of Illinois/NCSA

Open Source License

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University of Illinois at Urbana-Champaign

http://llvm.org

Permission is hereby granted, free of charge, to any person obtaining a copy of

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Open Source Software Licensed under the SIL Open Font License:

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2. Noto Sans KR

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Terms of the SIL Open Font License:

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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

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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

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fonts, including any derivative works, can be bundled, embedded,

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names are not used by derivative works. The fonts and derivatives,

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to any document created using the fonts or their derivatives.

DEFINITIONS

"Font Software" refers to the set of files released by the Copyright

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"Reserved Font Name" refers to any names specified as such after the

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PERMISSION & CONDITIONS

Permission is hereby granted, free of charge, to any person obtaining

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3) No Modified Version of the Font Software may use the Reserved Font

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This license becomes null and void if any of the above conditions are

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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 to by the company CGTextures (“Textures.com”). Textures.com has its office in Rotterdam (The Netherlands) and is registered with the Chamber of Commerce under number 24422008.

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 and may not be shared with third parties, unless stated otherwise. 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) is 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 became 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

Some accounts receive free credits every day, with these Free credits you can download small and medium sized images. We sell Premium credits for users who need to make a lot of downloads or need higher resolution images.

If you have an account, you can access the Service and download Content in exchange for credits. There are two types of credits, free credits and premium credits.

Free credits: Some registered users will get a certain amount of free credits per day. These free credits will be added to your account once a day. With the free Credits you can only download a limited selection of the Content (e.g. only the smaller sizes).

Premium credits: If you would like to gain access to the full library of Content, you may purchase premium credits. You can buy premium credits in the form of a “Subscription” (see below) which will give you Premium Access. Users with premium credits will also receive a certain amount of free credits once a day. To the extent possible, the Content will be downloaded in exchange for free credits first.

If you have not made any Premium credit purchase, downloads made using free credits fall under the Indie license with an annual revenue or funding limit of $150k USD.

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We sell Premium Credits in the form of a Subscription, this replenishes your Premium Credits every month.

If you would like to gain access to the full library of Content (hereinafter: “Premium Access”), you may purchase premium credits. These premium credits are sold on subscription basis. The exact details and applicable terms of the available Premium Access subscriptions and packages can be found in the offer (on the website) of Textures.com.

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Premium Access Subscription: 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 go over to the next month.

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 the Premium Access from home or other locations, provided they are in full time employment of your company.

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Re-Downloads of Content already purchased is free while your Subscription is active, or free for 3 years if purchased using a Credit Pack.

For Content purchased with a Premium Access Credit Pack, re-downloading the same Content is free for a period of 3 years after the purchase of the Content has been made.

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, with the exception of our Special Content (Substance .sbsar or .sbs files, PBR Materials, HDR Panoramas, 3D Scans and 3D Scanned Objects, 3D Ornaments, 3D Foliage, Atlas Scans, 3D Brushes, see 6.3c), and only if you add the following text to 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 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 or HDR Panoramas.

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 the 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, 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 in the interim.

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.

CONTACT

Feel free to email any questions regarding these terms and conditions or any other questions about Textures.com to support@textures.com. Correspondence can be in English, Dutch or Polish.

Textures.com

Oekelsbos 30

4891RL Rijsbergen

The Netherlands

PDF version of this document: Terms of Service Rev3-15.pdf

Open Source Software Licensed under the Epic Content License Agreement and Unreal® Engine End User License Agreement:

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1. quixel megascans

Terms of the Epic Content License Agreement:

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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.

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

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

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

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:

● 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

e. No Waiver; Severability

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.

Regulatory Disclosure Requirement - Monthly Active Users in the EU (Updated February 17, 2023)

The estimated average monthly active recipients in the European Union of the Unreal Engine Marketplace for the past six months was 2.4 million.

The estimated average monthly active recipients in the European Union of the Quixel Forum for the past six months was 9,000.

Users who accessed more than one of Epic’s services or products in a given month are counted as a user for each service or product.

Terms of the Unreal® Engine End User License Agreement: