Upon termination of this Agreement, You must cease all use and destroy all copies of the UDK and all of its component parts, and any documentation related thereto. Other Intellectual Property Matters. Entire Agreement; Survival. This Agreement and the terms for supplements and updates that You use, are the entire agreement between You and Epic relating to the UDK and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the UDK or any other subject matter covered by this Agreement.
Sections 3, 4, 6, and 9 through 19 inclusive survive any termination or expiration of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Governing Law and Jurisdiction. The laws of North Carolina shall govern the interpretation of this contract and shall apply to claims for breach of it, regardless of conflict of laws principles.
All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Your state of residence in the United States, or if You live outside the United States, the laws of the jurisdiction in which You reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Wake County, North Carolina, USA for all disputes arising out of or relating to this contract.
You further agree that Epic shall be allowed to apply for injunctive remedies or any equivalent legal relief in any jurisdiction. For the avoidance of doubt, this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods, which shall not apply to this Agreement Disclaimer of Warranty.
Neither Epic nor its suppliers give any express or statutory representations, warranties, guarantees or conditions. Epic and its suppliers also exclude all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and non-infringement. Nothing in this Agreement shall affect those statutory rights which You are always entitled to as a consumer and that You cannot contractually agree to alter or waive.
The limitations and exclusions of liability do not apply if and to the extent a You sustain damages which were caused by gross negligence or willful misconduct of Epic, or b Epic violates Your life, body, or well being. You can recover from Epic direct damages up to U.
You cannot recover any other damages from Epic or its suppliers, including damages for lost profits or data, or consequential, special, direct, indirect or incidental damages. This limitation includes, but is not limited to: a anything related to the UDK or services if any ; and b claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort. It also applies even if Epic knew or should have known about the possibility of the damages.
The foregoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of this Agreement. Government End Users. Consistent with 48 C. Government end users a only as Commercial Items and b with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. No Waiver. 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 shall not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
No Support. Neither Epic nor its suppliers has any obligation to provide support services for the UDK or any portion thereof. No Assignment. You shall not, without the prior written consent of Epic, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
Epic may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Legal Effect. This Agreement describes certain legal rights. You may have other rights under the laws of Your jurisdiction. This Agreement does not change Your rights under the laws of Your jurisdiction if the laws of Your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to You because Your jurisdiction may not allow them in Your particular circumstance.
In the event that certain provisions of this Agreement are not enforceable in Your jurisdiction, such provisions shall be enforceable to the further extent possible under applicable law. UDK License Terms. You may:a use the Software solely in conjunction with the AMD Hardware on a single computer;b make one copy of the Software in machine-readable form for backup purposes only.
You must reproduce on such copy AMD's copyright notice and any other proprietary legends that were on the original copy of the Software;c transfer all your license rights in the Software provided you must also transfer a copy of this License, the backup copy of the Software, the AMD Hardware and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License.
Upon such transfer your license is then terminated. The Software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:a decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;b modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; orc electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.
This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof.
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
No Other License. No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.
Additional Licenses. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. Limitation of Liability. AMD will not be liable for 1 loss of, or damage to, your records or data or 2 any damages claimed by you based on any third party claim. In no event shall AMD's total liability to you for all damages, losses, and causes of action whether in contract, tort including negligence or otherwise exceed the amount paid by you for the Software.
Controlling Law and Severability. This Agreement will be governed by and construed under the laws of the State of California without reference to its conflicts of law principles. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded.
Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purpose of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof.
Each party waives any objection which it may have to contest such forum. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD. Licensee grants to End-User Licensee a non-exclusive license to use the FBX Integration Code, "as is", without warranty of any kind, under the terms stated in this Agreement.
End-User Licensee will not copy the Licensed Software except: i as necessary to read the FBX Integration Code from the media into the memory of a computer solely for the purpose of executing it on a single machine whether stand alone computer or a workstation component of a multi-terminal system , or ii to create an archival copy.
End-User Licensee may not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the FBX Integration Code, or any rights granted in this Agreement, to any other person without the prior written consent of Licensor. End-User Licensee may not install or access, or allow the installation or access of, the FBX Integration Code over the Internet for the purposes of making the FBX Integration Code available to third parties, including, without limitation, use in connection with a Web hosting or similar services.
The technology itself is not everything, like it or not. And there is no doubt that UDK has the potential to speed up development.
In the end, I think that UDK may change the ecosystem of indie development. They have theirs strategies. Still, you pay it upon release of a commertial game, so you can still enter the development and even finish it for free.
Anyway, the rest is solelly based on your revenue. In-house usage only that is. This license fee only applies to UDK seats used for development; no license fee is required for hardware where only the resulting applications are installed. If you create a games or commercial applications using UDK for sale or distribution to an end-user or client, or if you are providing services in connection with a UDK based game or application, the per-seat option does not apply. UDK related revenue includes, but is not limited to, monies earned from: sales, services, training, advertisements, sponsorships, endorsements, memberships, subscription fees, in-game transactions, rentals and pay-to-play.
You or your company will only need one commercial license to cover all the UDK based games or commercial applications you develop. A warehouse company uses UDK to create an application for employee safety training. They develop it on one computer and then install the resulting application on two computers for their internal employees to use.
A team creates a game with UDK that they intend to sell. Their use of UDK during development requires no fee. An architecture firm uses UDK to create a live walk-through presentation for their customers. If an unincorporated team wishes to license UDK, we recommend setting up a simple corporation or partnership for the team before contacting us for a license.
If that is not feasible, please designate a single individual to contact us who will be responsible for executing the license and fulfilling the terms. A note to developers under the age of consent minors : Please have your parent or guardian contact us for a UDK Commercial Use License, as we cannot enter into a license agreement with a minor.
If you have any questions about licensing UDK or require custom license terms, source code licenses, or use on consoles please email udk-licensing epicgames. Please click the license link in the license acceptance email we sent you to see the updated terms of your license. Third Party Software. License Grant. This license is being provided to You free of charge. License Restrictions.
Epic and its suppliers reserve all rights not expressly granted to You in this Agreement. Unless applicable law gives You more rights despite this limitation, You may use the UDK only as expressly permitted in this Agreement. UDK Add-ons. There is no official clearinghouse for UDK add-ons. Add-on software applications are not endorsed by Epic and You use them at your own risk.
Epic does not provide instructions for installing add-ons. You may not combine the add-on with the UDK to make a single shipping product. You may only make Your add-on available separate from the UDK. As between the parties, Epic or its suppliers as described in Section 1 own the title, copyright, and other intellectual property rights in the UDK, including all derivative works of the UDK.
You agree that Epic may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies.
If the law of Your jurisdiction provides that You shall be the owner of derivative works of the UDK, You are not allowed to make any use of such derivative work without the prior written explicit approval of Epic, except for permitted uses set forth otherwise in this Agreement.
UDK Network. Notwithstanding the foregoing, where applicable, Your statutory rights as an author under the law of Your jurisdiction remain unaffected. The UDK is subject to U. You must comply with all applicable export laws and regulations that apply to the UDK. The laws include restrictions on destinations, end users and end use. Without prejudice to any other rights, a this Agreement will terminate immediately without notice from the other party if either party fails to comply with any of the terms or conditions of this Agreement, and b Epic may terminate this Agreement at any time, upon notice to You.
Upon termination of this Agreement, You must cease all use and destroy all copies of the UDK and all of its component parts, and any documentation related thereto. Entire Agreement; Survival. This Agreement and the terms for supplements and updates that You use, are the entire agreement between You and Epic relating to the UDK and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the UDK or any other subject matter covered by this Agreement.
Sections 3, 4, 6, and 9 through 19 inclusive survive any termination or expiration of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
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