Language: |
END USER LICENSE AGREEMENT (EULA) LEPOZHDIAN
1. Introduction
1.1 Before using this software, carefully read the terms of this End User License Agreement (hereinafter referred to as the "Agreement"). By installing, using, or familiarizing yourself with the functionality of the software or using it (including testing and analysis), you thereby accept the terms of this Agreement.
1.2 This End User License Agreement ("EULA") constitutes a binding legal agreement between you (an individual or organization), the end user ("USER"), and Lepozhdian and its affiliates ("LEPOZHDIAN"), represented by Siarhei Lezhnevich, the sole developer and owner of Lepozhdian ("DEVELOPER") as the Licensor. This agreement governs the USER's use of the software product.
1.3 SOFTWARE PRODUCT: Refers to the complete set of digital content, including software, resources, data, materials, and any updates or additions provided by LEPOZHDIAN. This includes, but is not limited to, the software's source code, executable files, graphics, audiovisual elements, databases, documentation, design elements, and trademarks. The SOFTWARE PRODUCT also incorporates any third-party materials or software included in the product (e.g., Unreal Engine resources licensed from Epic Games, Inc.). Additionally, the SOFTWARE PRODUCT includes any original content created by LEPOZHDIAN, such as publicly available videos, broadcasts, statements, or other multimedia content that forms part of LEPOZHDIAN’s intellectual property and contributes to the SOFTWARE PRODUCT or its branding. All components are protected under applicable intellectual property laws.
1.4 This Agreement applies to the USER's employer or any organization where the USER is employed if the SOFTWARE PRODUCT is used in the course of professional activities. In such cases, the company or organization associated with the USER agrees to comply with the terms of this Agreement and is liable for any violations by its employees. The employer’s contractual obligations to the employee do not relieve the company from responsibility for the employee’s actions under this Agreement, and the employer will be treated as the USER for purposes of compliance.
2. LICENSE GRANT AND RESTRICTIONS
2.1 LEPOZHDIAN grants the USER a non-exclusive, non-transferable, revocable license to install and use the SOFTWARE PRODUCT solely for personal, non-commercial purposes, subject to the terms and conditions of this EULA. This license may be revoked by LEPOZHDIAN at any time if the terms of this Agreement are violated.
2.2 The USER is prohibited from:
Performing reverse engineering, decompilation, or disassembly of the SOFTWARE PRODUCT.
Reproducing, distributing, sublicensing, or creating derivative works based on the SOFTWARE PRODUCT.
Using the SOFTWARE PRODUCT for commercial purposes, including generating direct or indirect income, without prior written consent from LEPOZHDIAN.
Circumventing, disabling, or interfering with the security features or digital rights management of the SOFTWARE PRODUCT.
Using unauthorized third-party tools, cheats, or automation software in connection with the SOFTWARE PRODUCT, including for online play or other purposes.
2.3 LEPOZHDIAN reserves the right to immediately terminate this license, without prior notice, in the event of any violation of the terms of this agreement by the USER, at LEPOZHDIAN's discretion. Termination will result in the revocation of the USER's access to the SOFTWARE PRODUCT and the loss of any legal rights or claims associated with LEPOZHDIAN. In such cases, the legal rights and claims of LEPOZHDIAN will take precedence over those of the USER.
3. INTELLECTUAL PROPERTY
3.1 All elements of the SOFTWARE PRODUCT, including but not limited to code, graphics, animations, soundtracks, mechanics, characters, storylines, and unique gameplay styles, are the intellectual property of the licensor and are protected by international copyright law. Any copying, distribution, or creation of derivative works based on these elements, in whole or in part, without the licensor's written consent, is prohibited.
3.2 Prohibition of Copying and Cloning.
The licensor retains all rights to the elements of the game, including the storyline, gameplay, graphics, audio, and mechanics. Any copying, cloning, or creation of derivative works based on the SOFTWARE PRODUCT, including but not limited to games with similar mechanics, style, or concept, without the explicit written consent of the licensor, is prohibited.
3.3 Prohibition of Using Neural Networks and Other Technologies for Copying.
The USER shall not use neural networks, machine learning algorithms, artificial intelligence, or other automated tools to analyze, create copies, or develop derivative works based on the SOFTWARE PRODUCT or its individual elements, including graphics, gameplay mechanics, and other unique features, without the written explicit consent of LEPOZHDIAN.
3.4 Prohibition of Game Cloning.
The USER, development studios, and other third parties shall not use the ideas, gameplay mechanics, concepts, or visual style of the Software to create games or products that could be considered derivative works or clones of the licensor’s original product, including but not limited to adaptations, sequels, or any content that closely mimics the original.
3.5 Restrictions for Studios and Developers.
Any use of the SOFTWARE PRODUCT or its elements for training, analysis, or development of projects that directly compete with or replicate the licensor's products is strictly prohibited. The licensor reserves the right to pursue legal remedies against studios and developers who infringe upon its intellectual property rights.
3.6 Acknowledgment of Uniqueness.
The USER acknowledges that the SOFTWARE PRODUCT is a unique creation of the Licensor and agrees that they shall not claim the creation of derivative works, such as adaptations, sequels, or spin-offs, that would compete with the Software or infringe upon the Licensor's copyrights.
3.7 Prohibition of Patent Enforcement and Interference.
The USER shall not claim, assert, or enforce any patents or intellectual property rights that may interfere with the development, improvement, or functionality of the SOFTWARE PRODUCT. The USER is also prohibited from taking any actions that would hinder or disrupt the development of the product, including, but not limited to, claiming exclusive rights to features or mechanics that may degrade or restrict the continued improvement of the SOFTWARE PRODUCT.
Materials from Unreal Engine included in the SOFTWARE PRODUCT are subject to the terms and conditions of the Epic Games licensing agreement. LEPOZHDIAN disclaims any liability for these materials, and the USER agrees to comply with the relevant Epic Games licensing terms.
3.7 Content Sharing & Copyright Waiver
By accepting this agreement, USER acknowledge and agree that if USER create or publish any content (including but not limited to videos, streams, images, music, mods, or reviews) directly or indirectly related to LEPOZHDIAN or any associated services, USER grant LEPOZDHIAN a non-exclusive, royalty-free, worldwide license to view, display, promote, and share such content for promotional, moderation, or community engagement purposes.
You further agree not to submit any copyright strikes, DMCA takedowns, or other legal claims against LEPOZHDIAN or associated platforms for the use of USER content as described above.
If USER believes USER rights are being infringed in ways that are not covered by this agreement, USER agrees to contact LEPOZHDIAN first to resolve the issue informally before initiating any legal or platform-based action.
3.8 Prohibition of Malicious Claims
USER agrees not to submit false or malicious copyright claims, or use copyright/reporting tools as a form of retaliation, harassment, or sabotage toward LEPOZHDIAN or LEPOZHDIAN community.
3.9 Use of Mods and Derivative Works
If USER create mods, extensions, or other derivative works for LEPOZHDIAN, USER retain ownership of USER original contributions, but USER agree that:
USER content must not contain hate speech, harassment, or defamation.
LEPOZHDIAN may promote, showcase, or comment on USER mod without requiring additional permission.
LEPOZHDIAN may revoke modding permissions at any time for violations of this EULA or related policies.
4. Prohibition of Cheat Usage and Interference with Gameplay
4.1 Prohibition of Hacks and Cheats.
The USER shall not use any programs, scripts, or third-party tools that modify the gameplay, provide unfair advantages (such as cheats, bots, or any unauthorized software), or hack the SOFTWARE PRODUCT. Any attempt to alter, tamper with, or modify the SOFTWARE PRODUCT with the intent of cheating, exploiting, or gaining an unfair advantage will be deemed a material breach of this Agreement and may result in penalties, including but not limited to termination of access or legal action.
4.2 Technical Interference with the Gameplay of Other Users.
The USER shall not engage in any technical interference with the gameplay of other USERS. This includes, but is not limited to: exploiting game vulnerabilities, modifying network packets, circumventing game rules, conducting DDoS attacks, altering client-server interactions, or any other technical actions designed to disrupt, degrade, or negatively impact the gameplay experience of other USERS, whether in-game or through external means. Any such interference will be considered a material breach of this Agreement and may result in penalties, including but not limited to termination of access.
4.3 Responsibility for Violations.
The Licensor reserves the right to impose appropriate measures against USERS who violate this section, including but not limited to temporary or permanent suspension of access to the SOFTWARE, account termination, or pursuit of legal remedies, in accordance with applicable laws. The Licensor may also seek legal action for any violations depending on the severity of the breach.
5. Modifications and User-Generated Content
5.1 Permission to Create Modifications.
The Licensor grants USERS the right to create modifications (hereinafter referred to as "Mods") for the SOFTWARE solely using the official tools and features provided by the Licensor. The Licensor assumes no responsibility for the use of third-party tools or software to create Mods.
5.2 Responsibility for the Quality of Mods.
The Licensor shall not be held liable for the quality, stability, security, or ethical aspects of Mods created by USERS. Any consequences, including legal, technical, or reputational risks, arising from the creation or use of Mods, are the sole responsibility of the USER who created or installed them.
5.3 Monetization of Mods.
USERS may monetize their Mods under the following conditions:
The Mods do not infringe upon the copyrights, trademarks, or other intellectual property rights of the Licensor or any third party.
The Mods do not contain any illegal, offensive, defamatory, harmful, or unethical content, as determined by the Licensor's guidelines.
The Mods are created and distributed in compliance with all applicable laws and regulations, including those related to intellectual property and digital content.
Any monetization method, including but not limited to sales, donations, or ad revenue, must be disclosed to the Licensor, and the Licensor reserves the right to review or approve the monetization strategy.
The USER is solely responsible for ensuring that their Mods, and any associated monetization, do not violate any laws or the rights of third parties.
5.4 Royalty.
If the USER earns income from Mods exceeding a threshold of $1000, whether as a one-time or cumulative amount, they are required to subscribe to the developer's Patreon at a specific tier, as determined by LEPOZHDIAN. This tier may be subject to change at the discretion of LEPOZHDIAN.
5.5 Additional Agreements.
The USER and LEPOZHDIAN reserve the right to negotiate and enter into additional written agreements. These agreements may establish unique terms for the use of the SOFTWARE PRODUCT, including but not limited to licensing conditions, rights to user-generated content, and financial arrangements.
Such individual agreements may include, but are not limited to, the following scenarios:
No compensation for the use of certain content or services.
Full or partial exemption from licensing fees.
Modified distribution rights or profit-sharing arrangements.
5.6 Validity of Additional Agreements.
Any additional agreements are valid only if signed by both parties and will take precedence over any conflicting provisions of this EULA, provided they comply with applicable laws.
5.7 Transfer of Rights to Mods.
The Licensor retains the right to use and distribute all Mods created by users. Any content created becomes part of the Licensor's intellectual property, and users agree that all rights to their Mods are transferred to the Licensor without additional compensation. However, the original creator of the Mods will be appropriately credited where applicable, in accordance with standard industry practices.
5.8 Transfer of Rights to User-Generated Content.
All rights to user-generated content are owned by the Licensor. The Licensor has the right to use, distribute, and commercialize this content without providing compensation to users. The user retains the rights for personal use, but the Licensor is granted a license to use this content as needed.
5.9 Commercial Collaboration.
The Licensor is open to discussions and collaboration with USERS who develop Mods regarding their distribution and monetization, including potential joint commercial ventures.
5.10 User Agreement on Content Ownership and Distribution.
The USER may negotiate with LEPOZHDIAN the terms of ownership, use, or distribution of user-generated content within or for the SOFTWARE PRODUCT. Any such agreement must be in writing and explicitly approved by both parties. Until such an agreement is reached, all user-generated content remains subject to the standard terms outlined in this EULA.
6. DATA COLLECTION AND PRIVACY
6.1 The Licensor assumes no legal responsibility for the collection or storage of the USER's personal data. The only data that may be collected by the Licensor pertains to the USER's activity directly within the SOFTWARE PRODUCT (e.g., in-game actions, achievements, and statistics), and this data is processed solely for the purpose of enhancing the gaming experience and optimizing the performance of the SOFTWARE PRODUCT. The Licensor does not collect or process any other data, including personal data, without the USER's explicit consent for each specific type of data.
6.2 LEPOZHDIAN may use third-party services to enhance the SOFTWARE PRODUCT. These third-party services are governed by their own privacy policies, which the USER should review. The Licensor is not responsible for the data processing practices of these third parties.
6.3 The USER has the right to request information about what data has been collected.
7. LIMITATION OF LIABILITY
7.1 The SOFTWARE PRODUCT is provided "as is" without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or compatibility with other software or hardware. The Licensor does not guarantee that the SOFTWARE PRODUCT will operate without interruption or errors, or that defects will be corrected. The USER assumes full responsibility for the use of the Software.
7.2 The Licensor shall not be liable for any damages arising from the use or inability to use the SOFTWARE PRODUCT. This includes, but is not limited to, loss of data, revenue, business interruption, or any other indirect damages, even if the Licensor has been advised of the possibility of such damages.
7.3 The USER agrees to waive any claims for damages against the Licensor, its affiliates, and representatives for any claims, losses, or damages (including legal fees), whether direct, indirect, incidental, consequential, or punitive, arising from or related to:
The USER's violation of the terms of this EULA.
Unauthorized use of the SOFTWARE PRODUCT by the USER.
Claims from third parties asserting infringement due to modifications or actions by the USER.
Any other actions or omissions by the USER that could reasonably result in liability to the Licensor.
7.4 Limitation of Warranties.
The Licensor does not guarantee that the SOFTWARE PRODUCT will operate without errors or interruptions, that it will be compatible with other software or hardware, or that any defects will be corrected. The USER assumes all responsibility for the use of the SOFTWARE PRODUCT.
8. JURISDICTION AND APPLICABLE LAW
8.1 The USER agrees to resolve any disputes arising from the use of the SOFTWARE PRODUCT through negotiation or mediation. The USER waives the right to bring a lawsuit or participate in class actions against the Licensor. In the event of an unresolved dispute, the sole means of resolution will be arbitration, which shall take place in the Republic of Belarus in accordance with the laws of this jurisdiction.
8.2 Prohibition of Legal Actions.
The USER waives the right to file a lawsuit against the Licensor for any damages or losses arising from the use of the SOFTWARE PRODUCT. The Licensor reserves the right to choose the method of dispute resolution and will make reasonable efforts to resolve issues through negotiation or mediation.
8.3 Supremacy of Agreement.
This Agreement takes precedence over any other agreements, contracts, policies, or legal documents to which the USER may be bound in relation to the use of the SOFTWARE PRODUCT. The terms of this Agreement must be fully adhered to. In the event of any conflict with mandatory legal provisions, all other provisions of this Agreement shall remain in effect and continue to apply to the USER.
8.4 Governing Law and Language
This Agreement is governed by the laws of the Republic of Belarus. In the event of any disputes, the Russian language version of this Agreement shall take precedence.
9. Termination
9.1 The Licensor reserves the right to terminate this EULA and revoke the User's license to use the Software Product if the User violates any terms of this Agreement.
9.2 Upon termination, the User must immediately cease using the Software Product and delete all copies of it. Additionally, the User agrees to compensate for any damages if required.
9.3 If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Amendments to This Agreement
The Licensor may modify this EULA at any time by publishing the updated terms on its website, within the Software Product, or through any other communication channels deemed appropriate by the Licensor. Continued use of the Software Product constitutes acceptance of the modified terms.
DISCLAIMERS AND LIMITATION OF LIABILITY
SOFTWARE PRODUCT includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. LEPOZHDIAN, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, LEPOZHDIAN, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the SOFTWARE PRODUCT, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this SOFTWARE PRODUCT, or will not revoke approval of this SOFTWARE PRODUCT for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by LEPOZHDIAN and Epic. LEPOZHDIAN, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither LEPOZHDIAN, Epic, Epic’s licensors, nor its or their affiliates, nor any of LEPOZHDIAN or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will LEPOZHDIAN, Epic, Epic’s licensors, nor its or their affiliates, nor any of LEPOZHDIAN or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of LEPOZHDIAN, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if LEPOZHDIAN, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LEPOZHDIAN, Epic, Epic’s licensors, its and their affiliates, and any of LEPOZHDIAN or Epic’s service providers shall be limited to the full extent permitted by law.
1. Introduction
1.1 Before using this software, carefully read the terms of this End User License Agreement (hereinafter referred to as the "Agreement"). By installing, using, or familiarizing yourself with the functionality of the software or using it (including testing and analysis), you thereby accept the terms of this Agreement.
1.2 This End User License Agreement ("EULA") constitutes a binding legal agreement between you (an individual or organization), the end user ("USER"), and Lepozhdian and its affiliates ("LEPOZHDIAN"), represented by Siarhei Lezhnevich, the sole developer and owner of Lepozhdian ("DEVELOPER") as the Licensor. This agreement governs the USER's use of the software product.
1.3 SOFTWARE PRODUCT: Refers to the complete set of digital content, including software, resources, data, materials, and any updates or additions provided by LEPOZHDIAN. This includes, but is not limited to, the software's source code, executable files, graphics, audiovisual elements, databases, documentation, design elements, and trademarks. The SOFTWARE PRODUCT also incorporates any third-party materials or software included in the product (e.g., Unreal Engine resources licensed from Epic Games, Inc.). Additionally, the SOFTWARE PRODUCT includes any original content created by LEPOZHDIAN, such as publicly available videos, broadcasts, statements, or other multimedia content that forms part of LEPOZHDIAN’s intellectual property and contributes to the SOFTWARE PRODUCT or its branding. All components are protected under applicable intellectual property laws.
1.4 This Agreement applies to the USER's employer or any organization where the USER is employed if the SOFTWARE PRODUCT is used in the course of professional activities. In such cases, the company or organization associated with the USER agrees to comply with the terms of this Agreement and is liable for any violations by its employees. The employer’s contractual obligations to the employee do not relieve the company from responsibility for the employee’s actions under this Agreement, and the employer will be treated as the USER for purposes of compliance.
2. LICENSE GRANT AND RESTRICTIONS
2.1 LEPOZHDIAN grants the USER a non-exclusive, non-transferable, revocable license to install and use the SOFTWARE PRODUCT solely for personal, non-commercial purposes, subject to the terms and conditions of this EULA. This license may be revoked by LEPOZHDIAN at any time if the terms of this Agreement are violated.
2.2 The USER is prohibited from:
Performing reverse engineering, decompilation, or disassembly of the SOFTWARE PRODUCT.
Reproducing, distributing, sublicensing, or creating derivative works based on the SOFTWARE PRODUCT.
Using the SOFTWARE PRODUCT for commercial purposes, including generating direct or indirect income, without prior written consent from LEPOZHDIAN.
Circumventing, disabling, or interfering with the security features or digital rights management of the SOFTWARE PRODUCT.
Using unauthorized third-party tools, cheats, or automation software in connection with the SOFTWARE PRODUCT, including for online play or other purposes.
2.3 LEPOZHDIAN reserves the right to immediately terminate this license, without prior notice, in the event of any violation of the terms of this agreement by the USER, at LEPOZHDIAN's discretion. Termination will result in the revocation of the USER's access to the SOFTWARE PRODUCT and the loss of any legal rights or claims associated with LEPOZHDIAN. In such cases, the legal rights and claims of LEPOZHDIAN will take precedence over those of the USER.
3. INTELLECTUAL PROPERTY
3.1 All elements of the SOFTWARE PRODUCT, including but not limited to code, graphics, animations, soundtracks, mechanics, characters, storylines, and unique gameplay styles, are the intellectual property of the licensor and are protected by international copyright law. Any copying, distribution, or creation of derivative works based on these elements, in whole or in part, without the licensor's written consent, is prohibited.
3.2 Prohibition of Copying and Cloning.
The licensor retains all rights to the elements of the game, including the storyline, gameplay, graphics, audio, and mechanics. Any copying, cloning, or creation of derivative works based on the SOFTWARE PRODUCT, including but not limited to games with similar mechanics, style, or concept, without the explicit written consent of the licensor, is prohibited.
3.3 Prohibition of Using Neural Networks and Other Technologies for Copying.
The USER shall not use neural networks, machine learning algorithms, artificial intelligence, or other automated tools to analyze, create copies, or develop derivative works based on the SOFTWARE PRODUCT or its individual elements, including graphics, gameplay mechanics, and other unique features, without the written explicit consent of LEPOZHDIAN.
3.4 Prohibition of Game Cloning.
The USER, development studios, and other third parties shall not use the ideas, gameplay mechanics, concepts, or visual style of the Software to create games or products that could be considered derivative works or clones of the licensor’s original product, including but not limited to adaptations, sequels, or any content that closely mimics the original.
3.5 Restrictions for Studios and Developers.
Any use of the SOFTWARE PRODUCT or its elements for training, analysis, or development of projects that directly compete with or replicate the licensor's products is strictly prohibited. The licensor reserves the right to pursue legal remedies against studios and developers who infringe upon its intellectual property rights.
3.6 Acknowledgment of Uniqueness.
The USER acknowledges that the SOFTWARE PRODUCT is a unique creation of the Licensor and agrees that they shall not claim the creation of derivative works, such as adaptations, sequels, or spin-offs, that would compete with the Software or infringe upon the Licensor's copyrights.
3.7 Prohibition of Patent Enforcement and Interference.
The USER shall not claim, assert, or enforce any patents or intellectual property rights that may interfere with the development, improvement, or functionality of the SOFTWARE PRODUCT. The USER is also prohibited from taking any actions that would hinder or disrupt the development of the product, including, but not limited to, claiming exclusive rights to features or mechanics that may degrade or restrict the continued improvement of the SOFTWARE PRODUCT.
Materials from Unreal Engine included in the SOFTWARE PRODUCT are subject to the terms and conditions of the Epic Games licensing agreement. LEPOZHDIAN disclaims any liability for these materials, and the USER agrees to comply with the relevant Epic Games licensing terms.
3.7 Content Sharing & Copyright Waiver
By accepting this agreement, USER acknowledge and agree that if USER create or publish any content (including but not limited to videos, streams, images, music, mods, or reviews) directly or indirectly related to LEPOZHDIAN or any associated services, USER grant LEPOZDHIAN a non-exclusive, royalty-free, worldwide license to view, display, promote, and share such content for promotional, moderation, or community engagement purposes.
You further agree not to submit any copyright strikes, DMCA takedowns, or other legal claims against LEPOZHDIAN or associated platforms for the use of USER content as described above.
If USER believes USER rights are being infringed in ways that are not covered by this agreement, USER agrees to contact LEPOZHDIAN first to resolve the issue informally before initiating any legal or platform-based action.
3.8 Prohibition of Malicious Claims
USER agrees not to submit false or malicious copyright claims, or use copyright/reporting tools as a form of retaliation, harassment, or sabotage toward LEPOZHDIAN or LEPOZHDIAN community.
3.9 Use of Mods and Derivative Works
If USER create mods, extensions, or other derivative works for LEPOZHDIAN, USER retain ownership of USER original contributions, but USER agree that:
USER content must not contain hate speech, harassment, or defamation.
LEPOZHDIAN may promote, showcase, or comment on USER mod without requiring additional permission.
LEPOZHDIAN may revoke modding permissions at any time for violations of this EULA or related policies.
4. Prohibition of Cheat Usage and Interference with Gameplay
4.1 Prohibition of Hacks and Cheats.
The USER shall not use any programs, scripts, or third-party tools that modify the gameplay, provide unfair advantages (such as cheats, bots, or any unauthorized software), or hack the SOFTWARE PRODUCT. Any attempt to alter, tamper with, or modify the SOFTWARE PRODUCT with the intent of cheating, exploiting, or gaining an unfair advantage will be deemed a material breach of this Agreement and may result in penalties, including but not limited to termination of access or legal action.
4.2 Technical Interference with the Gameplay of Other Users.
The USER shall not engage in any technical interference with the gameplay of other USERS. This includes, but is not limited to: exploiting game vulnerabilities, modifying network packets, circumventing game rules, conducting DDoS attacks, altering client-server interactions, or any other technical actions designed to disrupt, degrade, or negatively impact the gameplay experience of other USERS, whether in-game or through external means. Any such interference will be considered a material breach of this Agreement and may result in penalties, including but not limited to termination of access.
4.3 Responsibility for Violations.
The Licensor reserves the right to impose appropriate measures against USERS who violate this section, including but not limited to temporary or permanent suspension of access to the SOFTWARE, account termination, or pursuit of legal remedies, in accordance with applicable laws. The Licensor may also seek legal action for any violations depending on the severity of the breach.
5. Modifications and User-Generated Content
5.1 Permission to Create Modifications.
The Licensor grants USERS the right to create modifications (hereinafter referred to as "Mods") for the SOFTWARE solely using the official tools and features provided by the Licensor. The Licensor assumes no responsibility for the use of third-party tools or software to create Mods.
5.2 Responsibility for the Quality of Mods.
The Licensor shall not be held liable for the quality, stability, security, or ethical aspects of Mods created by USERS. Any consequences, including legal, technical, or reputational risks, arising from the creation or use of Mods, are the sole responsibility of the USER who created or installed them.
5.3 Monetization of Mods.
USERS may monetize their Mods under the following conditions:
The Mods do not infringe upon the copyrights, trademarks, or other intellectual property rights of the Licensor or any third party.
The Mods do not contain any illegal, offensive, defamatory, harmful, or unethical content, as determined by the Licensor's guidelines.
The Mods are created and distributed in compliance with all applicable laws and regulations, including those related to intellectual property and digital content.
Any monetization method, including but not limited to sales, donations, or ad revenue, must be disclosed to the Licensor, and the Licensor reserves the right to review or approve the monetization strategy.
The USER is solely responsible for ensuring that their Mods, and any associated monetization, do not violate any laws or the rights of third parties.
5.4 Royalty.
If the USER earns income from Mods exceeding a threshold of $1000, whether as a one-time or cumulative amount, they are required to subscribe to the developer's Patreon at a specific tier, as determined by LEPOZHDIAN. This tier may be subject to change at the discretion of LEPOZHDIAN.
5.5 Additional Agreements.
The USER and LEPOZHDIAN reserve the right to negotiate and enter into additional written agreements. These agreements may establish unique terms for the use of the SOFTWARE PRODUCT, including but not limited to licensing conditions, rights to user-generated content, and financial arrangements.
Such individual agreements may include, but are not limited to, the following scenarios:
No compensation for the use of certain content or services.
Full or partial exemption from licensing fees.
Modified distribution rights or profit-sharing arrangements.
5.6 Validity of Additional Agreements.
Any additional agreements are valid only if signed by both parties and will take precedence over any conflicting provisions of this EULA, provided they comply with applicable laws.
5.7 Transfer of Rights to Mods.
The Licensor retains the right to use and distribute all Mods created by users. Any content created becomes part of the Licensor's intellectual property, and users agree that all rights to their Mods are transferred to the Licensor without additional compensation. However, the original creator of the Mods will be appropriately credited where applicable, in accordance with standard industry practices.
5.8 Transfer of Rights to User-Generated Content.
All rights to user-generated content are owned by the Licensor. The Licensor has the right to use, distribute, and commercialize this content without providing compensation to users. The user retains the rights for personal use, but the Licensor is granted a license to use this content as needed.
5.9 Commercial Collaboration.
The Licensor is open to discussions and collaboration with USERS who develop Mods regarding their distribution and monetization, including potential joint commercial ventures.
5.10 User Agreement on Content Ownership and Distribution.
The USER may negotiate with LEPOZHDIAN the terms of ownership, use, or distribution of user-generated content within or for the SOFTWARE PRODUCT. Any such agreement must be in writing and explicitly approved by both parties. Until such an agreement is reached, all user-generated content remains subject to the standard terms outlined in this EULA.
6. DATA COLLECTION AND PRIVACY
6.1 The Licensor assumes no legal responsibility for the collection or storage of the USER's personal data. The only data that may be collected by the Licensor pertains to the USER's activity directly within the SOFTWARE PRODUCT (e.g., in-game actions, achievements, and statistics), and this data is processed solely for the purpose of enhancing the gaming experience and optimizing the performance of the SOFTWARE PRODUCT. The Licensor does not collect or process any other data, including personal data, without the USER's explicit consent for each specific type of data.
6.2 LEPOZHDIAN may use third-party services to enhance the SOFTWARE PRODUCT. These third-party services are governed by their own privacy policies, which the USER should review. The Licensor is not responsible for the data processing practices of these third parties.
6.3 The USER has the right to request information about what data has been collected.
7. LIMITATION OF LIABILITY
7.1 The SOFTWARE PRODUCT is provided "as is" without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or compatibility with other software or hardware. The Licensor does not guarantee that the SOFTWARE PRODUCT will operate without interruption or errors, or that defects will be corrected. The USER assumes full responsibility for the use of the Software.
7.2 The Licensor shall not be liable for any damages arising from the use or inability to use the SOFTWARE PRODUCT. This includes, but is not limited to, loss of data, revenue, business interruption, or any other indirect damages, even if the Licensor has been advised of the possibility of such damages.
7.3 The USER agrees to waive any claims for damages against the Licensor, its affiliates, and representatives for any claims, losses, or damages (including legal fees), whether direct, indirect, incidental, consequential, or punitive, arising from or related to:
The USER's violation of the terms of this EULA.
Unauthorized use of the SOFTWARE PRODUCT by the USER.
Claims from third parties asserting infringement due to modifications or actions by the USER.
Any other actions or omissions by the USER that could reasonably result in liability to the Licensor.
7.4 Limitation of Warranties.
The Licensor does not guarantee that the SOFTWARE PRODUCT will operate without errors or interruptions, that it will be compatible with other software or hardware, or that any defects will be corrected. The USER assumes all responsibility for the use of the SOFTWARE PRODUCT.
8. JURISDICTION AND APPLICABLE LAW
8.1 The USER agrees to resolve any disputes arising from the use of the SOFTWARE PRODUCT through negotiation or mediation. The USER waives the right to bring a lawsuit or participate in class actions against the Licensor. In the event of an unresolved dispute, the sole means of resolution will be arbitration, which shall take place in the Republic of Belarus in accordance with the laws of this jurisdiction.
8.2 Prohibition of Legal Actions.
The USER waives the right to file a lawsuit against the Licensor for any damages or losses arising from the use of the SOFTWARE PRODUCT. The Licensor reserves the right to choose the method of dispute resolution and will make reasonable efforts to resolve issues through negotiation or mediation.
8.3 Supremacy of Agreement.
This Agreement takes precedence over any other agreements, contracts, policies, or legal documents to which the USER may be bound in relation to the use of the SOFTWARE PRODUCT. The terms of this Agreement must be fully adhered to. In the event of any conflict with mandatory legal provisions, all other provisions of this Agreement shall remain in effect and continue to apply to the USER.
8.4 Governing Law and Language
This Agreement is governed by the laws of the Republic of Belarus. In the event of any disputes, the Russian language version of this Agreement shall take precedence.
9. Termination
9.1 The Licensor reserves the right to terminate this EULA and revoke the User's license to use the Software Product if the User violates any terms of this Agreement.
9.2 Upon termination, the User must immediately cease using the Software Product and delete all copies of it. Additionally, the User agrees to compensate for any damages if required.
9.3 If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10. Amendments to This Agreement
The Licensor may modify this EULA at any time by publishing the updated terms on its website, within the Software Product, or through any other communication channels deemed appropriate by the Licensor. Continued use of the Software Product constitutes acceptance of the modified terms.
DISCLAIMERS AND LIMITATION OF LIABILITY
SOFTWARE PRODUCT includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. LEPOZHDIAN, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, LEPOZHDIAN, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the SOFTWARE PRODUCT, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this SOFTWARE PRODUCT, or will not revoke approval of this SOFTWARE PRODUCT for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by LEPOZHDIAN and Epic. LEPOZHDIAN, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither LEPOZHDIAN, Epic, Epic’s licensors, nor its or their affiliates, nor any of LEPOZHDIAN or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will LEPOZHDIAN, Epic, Epic’s licensors, nor its or their affiliates, nor any of LEPOZHDIAN or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of LEPOZHDIAN, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if LEPOZHDIAN, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of LEPOZHDIAN, Epic, Epic’s licensors, its and their affiliates, and any of LEPOZHDIAN or Epic’s service providers shall be limited to the full extent permitted by law.