END USER LICENCE AGREEMENT
1. INTRODUCTORY PROVISIONS
This End User Licence Agreement (“EULA”) governs the relationship between you (“user” or
“you”) and Delta VR Ventures s.r.o., ID number 19621728, with its registered seat at Chvalska
718/10, 198 00 Prague 9, Czech Republic, registered at Municipal Court in Prague, file number
C 389336 established under the Czech law (“Delta VR Ventures” or “we”) in relation to our
game Magic Madness VR („Game“).
1.1. You confirm your agreement to this EULA by clicking on the "I agree" button during the
installation process of the Game. If you do not agree to this EULA, the installation cannot be
completed, and you may not access the Game.
1.2. The Game is not intended for children under the age of 13 and persons with limited legal capacity
that precludes them from using the Game ("Protected Persons"). Protected persons may not
access and play the Game without the permission and supervision of their parent or legal
guardian. If you as a parent or a legal guardian permit a Protected Person to access the Game,
you agree to this EULA on their behalf and its provisions become binding on you directly. You
understand and agree that you are responsible for all uses of the Game by a Protected Person
and that you have the same duty of care as in your own matters. You agree that you will not
knowingly allow any Protected Person to use or access the Game without permission and
supervision of a parent or a legal guardian.
2. YOUR ACCOUNT
2.1. In order to use all features of the Game, you will need to create an Account in the Game
(“Account”).
2.2. For establishing the Account, you will need to provide an e-mail address at your disposal and
safeguard the Account with a password. You will be asked to fill in more information in the
Account. It is important that you provide this information truthfully and accurately and keep it
up to date, so that we have correct details about you and your Account.
2.3. Upon the creation of an Account, it is obligatory to create a unique username (“Nickname”) to
represent the user within the Game. The Nickname may not be transferred to another individual.
Furthermore, users are prohibited from selecting a Nickname already used by another user. You
may not select a Nickname that is offensive or rude, or that infringes the rights of others,
particularly personal rights. Failure to adhere to this guideline may result in appropriate
measures being taken by us, including but not limited to changing your Nickname, restricting
access to communication with other users, or suspending or blocking access to the Game.
2.4. The Account is strictly personal and may not be shared, transferred, assigned, or traded with
any other individual ("Prohibited transfer").
2.5. Users are required to maintain strict confidentiality of all Account-related information, including
but not limited to passwords. Under no circumstances should users disclose their password to
any party. If you breach the confidentiality obligation or realize Prohibited transfer, you may be
responsible for the conduct and actions of third parties using your Account, including for all
violations of this EULA and there is risk of suspend access to your Account or to close your
Account and terminate this EULA.
2.6. It is your responsibility to ensure the security of your Account against unauthorized access by
third parties. Promptly notify us via e-mail in the event of:
2.6.1. Any unauthorized usage of your Account or any breach of security.
2.6.2. Any detection or suspicion of hacking tools being employed or potentially used in
connection with Account or Game.2 / 10
END USER LICENCE AGREEMENT
2.7. We have instituted physical, electronic, and managerial protocols to assist in safeguarding and
preventing unauthorized access, usage, alteration, modification, and/or disclosure of your
Account information. However, we shall not be liable to you for any loss or damage incurred due
to unauthorized use of your Account or unauthorized access, usage, alteration, modification,
and/or disclosure of your personal information, to the extent resulting from your culpable
omissions or negligent behaviour. In case you would breach conditions stated herein there is a
risk to suspend access to your Account or close your Account upon discovery of Account hacking.
3. LICENSE TO USE THE GAME
3.1. The Game encompasses a diverse array of content which includes, but is not limited to, software,
technology, text, posts in forums and chats, profiles, widgets, messages, links, emails, music,
sound, graphics, images, video materials, as well as its design and appearance (“Content”).
3.2. By agreeing to this EULA, you are granted a licence, to download, install, and use (play) the Game
for the duration that this EULA is effective between you and us.
3.3. The licence is characterized as follows:
a) 'non-exclusive', implying that we can grant same or similar licences to others and we
ourselves may exercise rights granted by the licence;
b) 'revocable', indicating that we may terminate your licence under specific conditions detailed
later;
c) 'personal', which restricts the use of the Game to non-commercial purposes;
d) 'non-transferable', ensuring that the licence is solely for your benefit and cannot be
transferred or sub-licensed to others;
e) 'limited', meaning the Game can only be used as outlined in this EULA;
f) 'non-perpetual', signifying that it will cease under certain conditions mentioned in this EULA;
and
g) dependent on your adherence to this EULA.
3.4. You are prohibited from:
3.4.1. copying or downloading any Content from the Game;
3.4.2. distributing, publicly performing or displaying, leasing, selling, transmitting,
transferring, publishing, editing, copying, creating derivative works from, renting, sub-
licensing, making available to the public, decompiling, disassembling, reverse
engineering, or otherwise unauthorized use of the Content;
3.4.3. commercially exploiting (i.e., for profit) any Content; or
3.4.4. removing, obscuring, or altering any copyright, patent, trademark, or other proprietary
rights notices attached to the Content.
3.5. We do not assure the constant availability of any Content, in all countries, locations, or at any
specific time, nor do we commit to offering any specific Content for a set period.
3.6. The Game, including its code, graphics, gameplay, user interface, audio, and other Content,
contains proprietary information and materials safeguarded by intellectual property laws. You
acknowledge our ownership or licensing of this proprietary information and materials and agree
not to use or exploit them without our permission.
3.7. Violation of our proprietary rights is a material breach of the EULA, in the event of which we
may terminate the EULA and take whatever additional action we deem appropriate under the
circumstances. the foregoing is without prejudice to or waiver of any and all of our other rights
and remedies, all of which are expressly reserved, survive termination, and are cumulative.3 / 10
END USER LICENCE AGREEMENT
4. PROHIBITED ACTIVITIES AND OTHER RULES
4.1. The following actions are prohibited while using the Game:
4.1.1. spreading content that is offensive, damaging, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, or discriminatory;
4.1.2. any illegal activity or encouragement of illegal activity;
4.1.3. discussion or encouragement of suicide;
4.1.4. spamming;
4.1.5. advertising in any form;
4.1.6. discussion of social, religious, or political issues that may cause offense;
4.1.7. obtaining and posting identifying information about oneself or others;
4.1.8. defrauding other users, including through scams or social engineering;
4.1.9. transmitting any content that contains a virus, corrupted data, malware, Trojan horse,
bot, keystroke logger, worm, time bomb, cancelbot, spiders, spyware, extraction tools,
mining programs, or other computer programming routines intended to damage,
detrimentally interfere with, secretly intercept or mine, scrape, or expropriate any
system, data, or personal information;
4.1.10. performing, soliciting, or assisting with a distributed denial of service (DDoS) attack
against the Game or any user;
4.1.11. post or communicate any user's real-world information (name, address, account name,
etc.) in the Game;
4.1.12. gathering or obtaining email addresses or any other contact information of fellow users
from the Game through electronic or alternative methods, such as for the intent of
dispatching unsolicited emails or other unwarranted communications;
4.1.13. request personal information from other users or seek passwords or personally
identifying details;
4.1.14. creating, using, making available, or distributing any unauthorized software or tools,
including hacks, cheats, exploits, scripts, bots, trainers, automation programs, or other
software that interacts with the Game in any way and for any purpose, including
intercepts, emulates, or redirects any communication between such software and us;
4.1.15. creating, using, making available, or distributing any software designed to modify the
Game and change the user experience ('mods');
4.1.16. accessing or attempting to access areas of the Game or Game servers that have not been
made available to the public;
4.1.17. impersonating any person, business, or entity, including our employees;
4.1.18. cheat, wilfully exploit bugs or glitches, wilfully harass or grief other players, or utilize
any software or other means to do any of the aforementioned activities in the Game;
4.1.19. bypass or remove any measure preventing misuse of the Game;
4.1.20. misuse the Game in any way contrary to the applicable law, including good morals
rules.
4.2. We retain the prerogative to furnish or unilaterally implement patches, updates, and other
modifications to the Game. Such actions may be undertaken to rectify bugs, glitches, or other
issues, prevent misuse of the Game or violation of this EULA, or augment gameplay (e.g., by
providing additional content). The Game may be temporarily unavailable while these processes
are being installed.4 / 10
END USER LICENCE AGREEMENT
4.3. Users are encouraged to demonstrate consideration and politeness while playing the Game,
particularly in interactions with fellow players.
4.4. Specifically restricted conduct
Your license to play the game is subject to proper conduct. Without limiting our rights to control
the game environment, and the conduct of the players within that environment, we explicitly
prohibit the following practices:
You may not use your own or third-party software to modify any content appearing within the
game environment or change how the game is played.
You may not use your own or any third-party software, macros, or other stored rapid keystrokes
or other patterns of play that facilitate gameplay, including progress and/or acquisition of items,
rank, or status when compared with ordinary gameplay. You may not rewrite or modify the user
interface or otherwise manipulate data in any way to acquire items, character attributes, or
beneficial actions not actually acquired or achieved in the game.
You may not use any information accessible through the game to bypass the game architecture
or create or provide any other means through which the game may be accessed and/or played
by others, such as through server emulators.
You may not submit any content to any chat room or other public forum hosted by us that is
harassing, abusive, threatening, harmful, obscene, libelous, or defamatory, encourages conduct
that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other
way, including without limitation the submission of content that infringes on a third party’s
intellectual property rights.
4.5. You are prohibited to play the Game if you are a convicted sex offender, if we have previously
disabled your account for violations our conditions that apply to your use of our product or
services, or if you are prohibited from receiving our products, services, or software under
applicable laws.
4.6. Ads and Sponsored Content. We may show you ads and other commercial and sponsored content
that we think may be relevant to you and your interests. We don’t sell your personal data to
advertisers, and we don’t share information that directly identifies you (such as your name,
email address or other contact information) with advertisers unless you give us specific
permission.
4.7. Your responsibility for other users. You are responsible for the activities of all users of your
account, and for their consent to and compliance with this EULA. We encourage you to monitor
others who use your account..
4.8. Your responsibility for your child’s use of account and Game. You are responsible for
determining that your child is ready to play Game, consistent with the Health and Safety
Warnings stipulated in this EULA. If your child is below 13 years of age or otherwise not ready
to play Game, you must not create an account for them. You are responsible for the activities of
your child when they play Game, and for their compliance with this EULA. You are responsible
for ensuring your child understands this EULA as well as other conditions stipulated by us, and
ensuring they understand how to behave and interact with others when accessing the Game.
4.9. Functionality may change or be limited. We work constantly to improve our products and
services and respond to changing needs of our community. As part of this continual
improvement, we may introduce new features or services, impose limits on, change, suspend,
disable, remove, replace, update, upgrade, roll back, or restrict access to features, services,
software, content or any part of our software or Game. If a feature, service, software or content
is no longer available, or if a technical error occurs, information, data, or content created or
provided by you in connection with such feature, service, software or content may be deleted or
become inaccessible, and you should not exclusively rely on any feature, service, software or
content to store or preserve such information, data or content. In addition, certain features, 5 / 10
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services, software or content may be disabled or made available in modified form based on your
age or location. We may offer free trials or other limited versions of our products or services so
that you can preview these products before purchase. These versions may have limited features,
restrict the permitted time of use and contain other limitations.
5. USER GENERATED CONTENT
5.1. The Game may provide you the opportunity to generate, alter, or contribute to content
originating from you ("UGC") and to distribute, upload, or render such UGC accessible to other
users through the Game.
5.2. UGC might consist of creating your own buildings, rooms, backgrounds, surroundings,
characters, objects, visual artistry, screen captures, audio elements, recordings, enthusiast-
created artwork, playthroughs, and any other creative works.
5.3. By disseminating, uploading, or rendering UGC available to other users through the Game, you
grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, and freely
sublicensable license to utilize, reproduce, adapt, derive works from, exploit, distribute,
transmit, perform, translate, host, render accessible, and communicate your UGC through our
Game and any associated platforms, including third-party platforms, pertinent to our Game, for
the purposes of operation, distribution, integration, and promotion of our Games throughout the
entirety of the duration of intellectual property rights.
5.4. Concerning any UGC you generate or intend to share with other users, you agree to adhere to
and abide by the following stipulations:
5.4.1. You must refrain from uploading any UGC that is owned by someone else unless you
possess explicit authorization from the respective rights holder to do so.
5.4.2. You must refrain from uploading any UGC that infringes intellectual property rights,
privacy, or any other rights of any individual or entity, or that contravenes applicable
laws or this EULA.
5.4.3. To the fullest extent permitted by applicable law, you renounce the assertion, exercise,
and enforcement, and agree not to lay claim to any moral rights or similar entitlements
in and to your UGC that you may possess in any jurisdiction worldwide.
5.4.4. You bear sole responsibility for your UGC; we do not engage in pre-screening of all UGC
and do not endorse, sanction, or pre-screen any UGC contributed by you or other users
to the Game.
5.4.5. UGC must conform to all relevant regulations and must not contain material that might
be deemed offensive, defamatory, unlawful, or which could result in reputational harm
to us.
5.4.6. If you create any UGC, you assume responsibility and liability for it; we bear no liability
or responsibility for UGC.
5.5. In the event we determine that your utilization or uploading of UGC violates any of rules set up
in this article, we reserve the right to remove, block, amend, relocate, or disable such UGC.
5.6. If you breach any of rules set up in this article, we reserve the right to suspend or permanently
cease the availability of your UGC and to take any other measures we deem appropriate.
6. WARRANTIES, DAMAGES, LIMITATION OF LIABILITY, INDEMNITY AND OTHER
PROVISIONS
6.1. We hereby grant you all the rights delineated in this EULA concerning the Game, provided "as
is" and "as available" and without warranty of any kind. You assume any and all risk of use and
any and all risk associated with playing the Game. This implies that, within the constraints of the 6 / 10
END USER LICENCE AGREEMENT
law, we do not provide any guarantee regarding the Game, especially but not exclusively such as
guarantee regarding flawless functionality of the Game, devoid of bugs, glitches, or other issues.
Additionally, to the extent permissible by applicable law, we disclaim any responsibility or
liability for any bugs, glitches, or other issues encountered in the Game.
6.2. We hereby disclaim all warranties, whether express or implied, including without limitation the
warranties of merchantability, fitness for particular purpose and non-infringement. there is no
warranty against interference with your enjoyment of the game. We do not warrant that the
operation of the game or your access to the game, or that your use of the game will be
uninterrupted or error-free, or that the game will be compatible with your hardware and
software. In the event of a malfunction of, or your inability to use, the game you have
downloaded, your sole and exclusive remedy could be a replacement download, and we shall
have no liability for the faulty download.
6.3. In no event shall we, our subsidiaries or affiliates, our partners, licensors or suppliers be liable
to you or to any third party for any special, indirect, incidental, consequential, punitive or
exemplary damages (including without limitation, lost profits or lost or corrupted data), arising
out of or in connection with the game, game content, the EULA, or any other services or materials
provided in connection therewith, whether based on warranty, contract, or any other legal
theory, and whether or not we are advised of the possibility of such damages, and even if any
stated remedy fails of its essential purpose.
6.4. INDEMNITY
You shall defend, indemnify and hold harmless us and our subsidiaries or affiliates, licensors and
suppliers, and their respective employees, contractors, officers and directors, from any and all
claims, loss, damages and demands, including reasonable attorneys' fees, arising especially out
of: (i) your use or misuse of the game; (ii) any activities conducted with your copy of the game
(whether by you or another person); (iii) your playing of the game; and (iv) your breach of any
of ugc rules as stated in this EULA.
6.5. INTERNATIONAL USE
Although the Game may be accessible worldwide, we do not warrant that the Game may be
lawfully used in your location, or that the content is not prohibited by applicable local laws. Users
who choose to access the Game do so at their own risk and are responsible for compliance with
any applicable local laws.
6.6. DATA PROTECTION
Under data protection legislation, we are required to provide you with certain information
about who we are, how we process your personal data and for what purposes and your
rights in relation to your personal data and how to exercise them. By accessing or using the Game
you accept and agree to be bound by this EULA and consent to the collection, use and storage of
your information as outlined in our privacy policy.
6.7. EXPORT RESTRICTIONS.
The Game may not be exported, re-exported, downloaded or otherwise transferred (i) to or into
(collectively, an "Export") any country which requires an Export license. You represent and
warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
You represent and warrant to us that you are not located in a country that is subject to a U.S.
Government embargo or that has been designated by the U.S. Government as a “terrorist
supporting” country, and that you are not listed on any U.S. Government list of prohibited or
restricted parties.7 / 10
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7. TERMINATION
7.1. If you materially breach this EULA, we have the right to terminate the EULA without any notice
period. If it comes to this, you will lose all the rights granted by the EULA, namely the right to
use the Game, whereas we shall have no further obligations to you stemming from this EULA.
7.2. If we suspend your access or delete your Account due to your breach of this EULA, you will not
be entitled to any refunds or compensation, unless otherwise required by mandatory applicable
law.
7.3. Account suspension or termination. Your access to or use or play Game or use your account may
be restricted, suspended, or disabled, and you may lose access to part or all of the services
offered by us (including your accounts, and any of your information, data, or content associated
with such services), if:
(i) we determine, in our discretion, that you have clearly, seriously, or repeatedly breached
this EULA or any other our conditions that are applicable to you
(ii) we believe your access to, or use of, Game creates a health and safety risk.
(iii) We may also disable or delete your account if after registration your account is not
confirmed, your account is unused and remains inactive for an extended period of time,
or if we detect someone may have used it without your permission and we are unable to
confirm your ownership of the account, or where we are required to do so under
applicable law.
To the maximum extent permitted by applicable law, we assume no liability for such loss of
access and use and will have no obligations related to such loss.
8. AMENDMENTS
8.1. Occasionally, it may be necessary to modify this EULA.
8.2. We will notify you about specific amendments and your right to reject them in advance via the
Game. Should you disagree with the modifications, you have the option to terminate the EULA
and discontinue using the Game. Your continued usage of the Game after these changes are
implemented will be deemed as your acceptance of such changes. implemented will be deemed
as your acceptance of such changes.
8.3. SOFTWARE UPDATES
We may from time to time update or otherwise modify the game electronically, or require you
to install updates, patches or fixes to the game (“updates”). Updates may change the game’s
terms, conditions, features, items, mechanics, or any other element of the game. you must install
such updates before you will be allowed to proceed to play the game. if you fail to install the new
release when required, we shall not be responsible in any way for your inability to play the game,
and you shall not be entitled to receive a refund of any prepaid fees or any other form of
compensation.
8.4. NEW RELEASES OF THE SOFTWARE
You are not entitled to receive any new releases of the game, or any expansion packs, updates,
upgrades or similar products under the EULA, but we may, in our sole discretion, offer any or all
of the foregoing to you. We may provide new releases or otherwise enhance the game at any
time, in our sole discretion, without obligation to you. Any such new release or other
enhancement of the game may change the game’s terms, conditions, features, items,
mechanics, or any other element of the game. Periodically, we might require all users to
migrate to new releases of the game in order to continue to play it. If you fail to update the
game and install the new release when required, we shall not be responsible in any way for 8 / 10
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your inability to play the game, and you shall not be entitled to receive a refund of any prepaid
fees or any other form of compensation.
9. TECHNICAL REQUIREMENTS
9.1. Amongst other requirements, you need the following minimum hardware and software
capability (including a suitable connection to the Internet) to use the Game:
9.1.1. VR headset MetaQuest 2 or MetaQuest 3,
9.1.2. Hardware and software that supports MetaQuest 2 or MetaQuest 3
and comply with any and all conditions, terms and regulations associated with usage
of above mentioned hardware and software, especially with the following:
https://www.meta.com/legal/quest/health-and-safety-warnings/
9.2. You are solely responsible for ensuring that you meet such technical requirements before
installing/using the Game. The graphics quality in the Game may differ depending on your
settings, hardware capabilities, and Internet connection.
10. RULES FOR USING VR HEADSET
10.1. As you will be using the Game through a virtual reality headset, you are required to follow the
headset manufacturer's instructions. We shall not be liable for any health damage or injury
caused by defects in the headset or improper use of the headset.
10.2. The virtual reality nature of the Game may present physical challenges during gameplay. Users
are advised to assess their physical condition before engaging in the activity. Should any
uncertainties arise, consulting with a medical professional is recommended. Furthermore, it is
encouraged to take periodic breaks and maintain hydration levels for optimal well-being during
gameplay.
10.3. When using the Game, users are particularly urged to exercise caution and mindfulness
regarding their surroundings. It is essential to ensure adequate space is available to play safely,
free from any potential obstacles or hazardous objects that may pose a risk during gameplay.
Always create and maintain a safe play space. Take regular breaks. Stop playing if you experience
discomfort.
10.4. Please refrain from playing the Game if experiencing any of the following conditions, as they may
heighten susceptibility to harm during gameplay:
10.4.1. fatigue or exhaustion;
10.4.2. intoxication from alcohol or drugs;
10.4.3. hangover symptoms;
10.4.4. digestive issues;
10.4.5. emotional stress or anxiety;
10.4.6. cold, flu, headaches, migraines, or earaches.
10.5. Prior to engaging in gameplay, it is advised to consult with your physician if you are pregnant,
elderly, have pre-existing vision abnormalities or psychiatric disorders, are using prescription
or non-prescription medication, or suffer from a heart condition or other serious medical
condition.9 / 10
END USER LICENCE AGREEMENT
10.6. SEIZURE WARNING
in rare instances, some users may experience seizures when exposed to certain light patterns or
flashing lights. exposure to certain light patterns or backgrounds on a virtual reality device may
induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
10.7. Please note that certain people are susceptible to various symptoms and conditions when
playing a game with virtual reality headsets, including:
•epileptic seizures or loss of consciousness;
•altered vision;
•motion sickness, dizziness, disorientation, or nausea; and/or
•repetitive motion injuries and eye strain.
Immediately stop playing if you do not feel well or if you experience any of the above
symptoms.
In any event, we strongly recommend that you take reasonable breaks from gameplay every 10 to 15
minutes and that you do not play for excessive overall periods.
10.8. You are solely responsible for any damage or injury caused when using the headset while playing
the Game and we shall not be liable in this respect.
10.9. Fulfilment of above mentioned conditions stated in this article hereof are solely your
responsibility.
11. FINAL PROVISIONS
11.1. You are prohibited from transferring or assigning this EULA or any rights conferred by it to a
third party.
11.2. To the extent permitted by applicable law, the provisions of the EULA shall be construed to their
fullest extent as expressed herein. Should any provision of the EULA be deemed void,
inapplicable, or unenforceable, such determination shall not affect the validity or enforceability
of the remaining provisions.
11.3. These terms of use and the legal relationship between you and us are governed by Czech law
excluding, to the maximum extent permitted by the law, conflict of law rules and principles that
would result in another State or country’s laws applying to this EULA.
11.4. In case of any disputes relating to the interpretation, performance or validity of this EULA, an
amicable solution will be sought before any legal action. In the event that an amicable solution
is not reached, the courts of the Czech Republic with local jurisdiction according to our
registered office shall have jurisdiction.
11.5. According to Czech Act No. 634/1992 Coll., on Consumer Protection, if you are consumer you
have the right to out-of-court settlement of a consumer dispute arising from a consumer
contract. In such a case, you may contact the Czech Trade Inspection Authority (Central
Inspectorate - ADR Department, S te pa nska 15, 120 00 Prague 2, email: adr@coi.cz, website:
adr.coi.cz). Online out-of-court dispute resolution can be initiated through the ODR platform,
available on the website ec.europa.eu/consumers/odr/.
11.6. To the maximum extent permitted by applicable law and subject to the conditions stated therein,
you and we agree to bring any disputes arising out of or related to this EULA only 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 proceeding where another individual or entity acts in a
representative capacity; or10 /
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• Consolidate or combine individual proceedings, nor permit another party to do so, without
the express consent of all parties to this EULA.
11.7. If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of
any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a
way as to reflect your and our intentions in this EULA as far as possible.
11.8. The original of this EULA has been written in English. You hereby waive any right you may have
under the law of your country to have this EULA either written in the language of your country
or in the language of any other country.
11.9. This EULA describes certain legal rights. You may have other rights under the laws of your
jurisdiction. This EULA 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 EULA may not apply to you because your jurisdiction may not allow them in
your particular circumstance. In the event that certain provisions of this EULA are not
enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent
possible under applicable law.
11.10. We will not be liable for any delay or failure to perform our obligations under this EULA where
such delay or failure arises from circumstances beyond our reasonable control, including but not
limited to labor disputes or other industrial disturbances, electrical or power outages, utilities
or other telecommunications failures, fire, flood, civil commotion, riot, war, revolution, change
of law, embargoes, or natural disasters. The legal rules regarding force majeure according
applicable governing law are hereby not affected.
11.11. If you have any questions, complaints, or comments regarding this EULA or Game, please contact
us at: info@deltavrventures.com


This Unreal Engine End User License Agreement (the “Agreement”) applies to your use of Unreal Engine, Epic’s real-time 3D creation tool. Unreal Engine can be used for a wide range of applications, including video games; virtual production and virtual sets for film and television; immersive visualization and design reviews for architecture and automotive; animated content for entertainment or commercials; education; simulation for training purposes, and much more.

This Agreement is a legal document detailing your rights and obligations related to using Epic’s proprietary computer software program known as Unreal® Engine and any updates or upgrades to the program made available by Epic (the “Licensed Technology”). By downloading or using the Licensed Technology, you are agreeing to be bound by the terms of this Agreement, and this Agreement will be effective upon the first of those events to occur. If you do not or cannot agree to the terms of this Agreement, do not use the Licensed Technology. When we say, “you,” “your” or “yourself”, we mean you as an individual or the legal entity exercising rights under this Agreement through you. When we say “Epic,” “we” or “us,” we are referring to the Epic entity responsible for providing the Licensed Technology in your region detailed in Section 10.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITIES AND NOT AS PART OF A CLASS ACTION (SEE SECTION 17). YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS WAIVER. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO CONTRACTUAL TERMS THAT WILL LIMIT SOME OF YOUR LEGAL RIGHTS, INCLUDING A DISCLAIMER OF WARRANTY, AN EXCLUSION OF CERTAIN KINDS OF DAMAGES, AND A LIMITATION OF LIABILITY.

You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.

Table of Contents

The Licensed Technology
1. What Technology Epic Is Licensing to You
2. How You Can Use the Licensed Technology
3. What you Pay Epic for Using the Licensed Technology
4. How You Can Distribute Products You’ve Made with the Licensed Technology
5. How You Can Distribute the Licensed Technology When It Isn’t Part of a Product
6. Other Restrictions on Your Use of the Licensed Technology
7. Who Owns What

Our Relationship
8. The Agreement Between You and Epic
9. Who are You?
10. Who is Epic?
11. Privacy
12. Records and Audits

Other Rights and Obligations
13. Disclaimers
14. Limitation of Liability
15. Indemnification
16. Governing Law and Jurisdiction
17. No Class Actions
18. Miscellaneous

Royalty Addendum
1. What Products Require Royalty Payments to Epic
2. Prerequisites for Distributing a Product Requiring Royalty Payments
3. What is the Royalty Rate?
4. How the Royalty Payment Is Calculated
5. Additional Examples
6. Reporting and Making Your Royalty Payments
7. Other Obligations You Have


The Licensed Technology

1. What Technology Epic Is Licensing to You
The Licensed Technology licensed to you under this Agreement includes all Unreal Engine code and related content that is copied to your computer when you download or install Unreal Engine. This includes Engine Code, Examples, and Starter Content.

“Engine Code” means the Source Code (as defined below) and object code of Unreal Engine, including any future versions made available to you by us under this Agreement and any object code compiled from that Source Code.

“Source Code” means the human readable form of a software program, including all modules it contains, plus any associated interface definition files, scripts used to control compilation, and installation of an executable.

“Examples” means the code, artwork, or other content made available by us in the Samples and Templates folders in the install directory.

“Starter Content” means the code, artwork, or other content made available by us and installed to your computer 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 an Epic-operated online marketplace (including, but not limited to, Fab) are not Licensed Technology and are not licensed to you under the terms of this Agreement.

2. How You Can Use the Licensed Technology
Epic grants you a non-exclusive, non-transferable, non-sublicensable license to privately use, reproduce, display, perform, and modify the Licensed Technology in accordance with the terms of this Agreement (the “License”). This means that as long as you are not violating this Agreement (such as by exceeding the Seat limitation stated in Section 6(a)) or applicable law, you can privately use the Licensed Technology however you want, including to develop Products. By “Products” we mean products, services, or any other projects that either (a) are made using any Licensed Technology or (b) combine any Licensed Technology with any other software or content. If you want to Distribute the Licensed Technology or any Products you have made, Sections 4 and 5 below address when and how you can do that.

3. What you Pay Epic for Using the Licensed Technology
Depending on how you use the Licensed Technology, you may be obligated to pay Epic either royalty payments, or seat subscription fees, or a combination under this Agreement:

(a) If you are developing a Royalty Product (as defined in Section 4(b)), you do not need to pay Epic any seat subscription fees for that use of the Licensed Technology. However, you may need to pay Epic royalties on the worldwide gross revenue attributable to each Royalty Product. See the Royalty Addendum for information on how royalties are calculated and for what revenue is excluded from the obligation.

(b) For any other use of the Licensed Technology, you will need to purchase seat subscriptions (described in Section 6(a)) for each developer who accesses the Licensed Technology unless you qualify for an exception. See Section 6(b) for exceptions related to personal hobbyists, indie developers (those making less than $1,000,000 a year), non-commercial uses, and educational institutions.

4. How You Can Distribute Products You’ve Made with the Licensed Technology
You may only Distribute Products as expressly permitted in this Section 4. Any Product that you Distribute that incorporates Licensed Technology must incorporate the Licensed Technology only in object code and only as an inseparable part of the Product.

“Distribute” means, with respect to code or a Product, to provide or otherwise make a copy of the code or Product available publicly or to any other person or entity or make its functionality available on a network.

a. Royalty-Free Distribution
As described in this Section 4(a), you may Distribute certain Products to certain persons or entities without any obligation to pay us royalties (“Royalty-Free Products”), even if you are monetizing that Distribution. Royalty-Free Products may still be subject to seat subscription requirements described in Sections 6(a) and 6(b).

i. Non-Engine Products (e.g., Rendered Video Files)
You will not be obligated to pay us any royalty payments for Distributing Products that (i) do not include any Engine Code, (ii) do not require any Engine Code to run and (iii) do not include Starter Content in source format (“Non-Engine Products”) to any person or entity.

This means, for example, you will not be obligated to pay us royalties for Distributing:
● rendered video files (e.g., broadcast or streamed video files, cartoons, movies, or images) created using the Engine Code (even if the video files include 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 agreements are available for use only with Unreal Engine.

ii. Indirect Revenue
You will not be obligated to pay us any royalty payments for Distributing Products to any person or entity if the Products do not directly generate revenue -- i.e., no revenue is attributable to any Product access, including features and functionality within the Product, or to any in-Product benefits.

This means, for example, that Distribution of a free car configurator app (a Product) used to sell cars will not result in royalties owed on sales of the cars themselves, even if the sales are made via the configurator app.

iii. Other Royalty-Free Distributions
You will not be obligated to pay us any royalty payments for Distributing Products:

A. To the legal entities that are part of your company group, such as a parent company or a subsidiary, for their private use, so long as those entities do not further Distribute the Products outside of your company group.

This means, for example, applications (which would be Products) you create for internal use within your company can also be shared with your parent company, your subsidiary, or another subsidiary of your parent company without royalty obligation Epic.

B. To a single client who hired you to develop a Product specifically for their private use on a work-for-hire basis subject to a written agreement that either (i) recognizes the client as the author of the Product for copyright purposes or (ii) that assigns all of your copyright interest in and to the Product to the client. Neither you nor your client are authorized to further Distribute the Product or any variation of the Product.

This means, for example, if you are hired to create an application (a Product), you can Distribute that application to your client without royalty obligation to Epic.

C. That are used, displayed, and performed solely at physical locations under your control or the control of your authorized distributors and that are not otherwise Distributed to end users.

This means, for example, that you may use the Licensed Technology in interactive amusement park rides, coin-op arcades, or location-based experiences without royalty obligation to Epic.

b. Royalty Bearing Distribution
Distributions of any Product that is not a Royalty-Free Product (such Products, “Royalty Products”) will be subject to the terms of the attached Royalty Addendum. Additionally, any advance on Royalty Product revenue you receive to develop a Royalty Product will be subject to the Royalty Addendum. However, as described more fully in the Royalty Addendum, you will not be obligated to pay us royalty payments under this Agreement unless a Product directly generates more than $1,000,000 USD in gross revenue.

This means, for example, that you may be obligated to pay royalties to Epic for Products that are sold to the general public or for off-the-shelf Products that you sell privately to third parties, whether directly by you or through a distributor or publisher.

c. Use by End Users, Publishers, and Distributors
When you Distribute a Product, you may permit end users to use, reproduce, display and publicly perform the Licensed Technology, solely (1) as incorporated in the Product in object code as an inseparable part of the Product, (2) to the extent necessary for end users to make permitted uses of the Product, and (3) pursuant to an end user license agreement that explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Technology. You may not permit your end users to incorporate any Licensed Technology into their own products, services, or other projects. You may, however, permit your publishers and distributors to market and Distribute a Product on your behalf, but only to the extent that you are permitted to make such Distribution yourself under this Section 4, and such Distribution will be subject to the terms of this Agreement.

5. How You Can Share the Licensed Technology When It Isn’t Part of a Product
You may only Distribute the Licensed Technology (including as modified by you) outside of a Product as expressly permitted by this Section 5.

a. Distributing Engine Code
i. Distributing Engine Code to Another Licensee
You may Distribute Engine Code (including as modified by you) in Source Code or object code to a third party who is separately licensed by us to use the same version of the Engine Code that you are Distributing.

Any public Distribution of Engine Tools (e.g., intended generally for third parties who are separately licensed by us to use the Engine Code) must take place through a marketplace operated by Epic such as the Fab Marketplace, 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. Distributing Engine Code for Public Discussion
You are permitted to post snippets of Engine Code, up to 30 lines of code in length, online in public forums for the sole purpose of discussing the content of the snippet or Distribute such snippets in connection with supporting patches and plug-ins for the Licensed Technology, so long as it is not for the purpose of enabling third parties without a license to the Engine Code to use or modify any Engine Code or to aggregate, recombine, or reconstruct any larger portion of the Engine Code.

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

c. Distributing Non-C++ Program Language Integration
You may Distribute an integration of a programming language other than C++ for the Licensed Technology, but if you do, the integration must be Distributed in Source Code (including, but not limited to, any compiler, linker, toolchain, and runtime), free of charge, to all third parties who are separately licensed by us to use Unreal Engine, and under a license that permits licensees to Distribute the integration free of charge, on all platforms, in any Product.

6. Other Restrictions on Your Use of the Licensed Technology
a. Seat Subscriptions
Except as stated in Section 6(b), only Users (as defined in Section 9(c)) who have been assigned a Seat may access the Licensed Technology for the purpose of developing a Royalty-Free Product. “Seat” means the right granted to you by Epic to allow one User to access and use the Licensed Technology on your behalf in accordance with the terms and conditions of this Agreement. Seats are offered as automatically renewing subscriptions.

An individual Seat is personal to the User to which it has been assigned, and you must reassign a Seat before allowing it to be utilized by a different User. A User may access the Licensed Technology from multiple computers or workstations while still only occupying a single Seat. Conversely, two Users accessing the Licensed Technology from a single computer or workstation would occupy two Seats.

This means, for example, that if you only use the Licensed Technology to develop games that will be offered to the general public then you do not need to purchase any Seat subscriptions. If, however, you also use the Licensed Technology to privately develop Products for clients or your own internal uses, or to make other Royalty-Free Products, those working on such Products would need Seat subscriptions.

b. Exceptions to Seat Subscription Requirements
The following exceptions apply to the Seat subscription requirements stated in Section 6(a).

i. Personal and indie exception. During any period that you, together with any entities in your corporate group, have generated less than $1,000,000 USD in gross revenue over the last 12 months, the Seat subscription requirement will not apply to your Users. For purposes of this calculation, your corporate group means any entities that control, are controlled by, or are under common control with you and revenue includes any advances received or other funds raised.

ii. Educational exception. If you are an educational institution, like a school or a library, the Seat subscription requirement does not apply to your Users when they are accessing the Licensed Technology only for educational purposes.

iii. Non-commercial exception. The Seat subscription requirement does not apply to your Users when they are accessing the Licensed Technology only for non-commercial purposes. Non-commercial purpose means a purpose without any direct or indirect commercial benefit. All uses of the Licensed Technology by or on behalf of commercial entities are regarded as being for commercial purposes.

c. Non-Compatible Licenses
You may not, and may not permit others to, combine, Distribute, or otherwise use the Licensed Technology with any code or other content which is covered by a license that would directly or indirectly require that all or part of the Licensed Technology be governed under any terms other than those of this Agreement (those licenses, the “Non-Compatible Licenses”). This means, for example, that you may not combine the Licensed Technology with code or content that is licensed under any of the following licenses: GNU General Public License (GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared library), or Creative Commons Attribution-ShareAlike License.

d. Restrictions on Engine Tools
If your Product includes Engine Tools, you may only Distribute it through either the Fab Marketplace, the Unreal Engine Marketplace or through a fork of Epic’s GitHub UnrealEngine Network. “Engine Tools” means the (i) editors and other tools included in the Engine Code; (ii) any code and modules in either the Developer or Editor folders, including in object code format, whether statically or dynamically linked; and (iii) other software that may be used to develop standalone products based on the Licensed Technology.

e. General Restrictions
You must ensure that your activities with the Licensed Technology do not:
● violate any applicable law or regulation;
● result in the Licensed Technology being rented or leased;
● misappropriate any of our other products or services;
● support a claim by you or any third party that the Licensed Technology infringes a patent;
● result in a sale or grant of a security interest in any Licensed Technology;
● result in a Distribution of a Product or the Licensed Technology in any manner other than as permitted by Sections 4 and 5; or
● result in using the Licensed Technology as a training input or prompt-based input into any Generative AI Program. “Generative AI Program” means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content.

7. Who Owns What
As between you and us, you own all rights, other than rights in the Licensed Technology, in the Products you develop under this Agreement, and we own all title, ownership rights, and intellectual property rights in the Licensed Technology.

All rights granted to you under this Agreement are granted by the License only and not by sale, and all of those rights are limited by and subject to the terms of this Agreement. No license or other right in any Epic technology or intellectual property rights other than the Licensed Technology is granted under this Agreement, and no license or other rights will be created under this Agreement by implication, estoppel, or otherwise. Any attempted sublicense that is not consistent with the terms of this Agreement will be null and void.

a. Proprietary Notices and Attribution
You agree to retain the copyright, trademark, and other proprietary notices and disclaimers of Epic as they appear in the Licensed Technology.

If a Product you develop under this Agreement has credits, you must place the following notices in the credits (replacing xxxx with the current year):

“[Product name] uses Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere.”

“Unreal® Engine, Copyright 1998 – xxxx, Epic Games, Inc. All rights reserved.”

No other license or right is granted under this Agreement in the trademarks, service marks, trade names, and logos associated with Epic, Epic’s games and other intellectual property, including 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 7(c) may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any of those rights.

Our Relationship

8. The Agreement Between You and Epic
a. Amendments
If we make changes to this Agreement, you are not required to accept the amended Agreement, and this Agreement will continue to govern your use of any Licensed Technology you already have access to.

However, if we make changes to this Agreement, you will not be allowed to access certain Epic services or download the Licensed Technology unless you have accepted the amended Agreement. If we make changes, we will provide you with notice, such as by sending an email or giving you notice when you next log into an Epic service.

b. Alternative and Additional Terms
With respect to your rights and obligations related to Licensed Technology, this Agreement supersedes any prior Unreal Engine End User License Agreement for Publishing 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 8(a). For example, if we grant you a license to use Unreal Engine to develop one or more products under a custom license, that custom license and not this Agreement governs your use of Unreal Engine and related materials with respect to those products.

c. Notice
Where this Agreement calls for notice from us, including written notice, we may provide notice to you through the Epic services or by any email address that you’ve provided to us. Our notices, when provided to you through the Epic services, will be effective when you access the Epic services, and when sent to you by email, will be effective when they are sent.

9. Who are You?
a. You
If you use the Licensed Technology on behalf of another person or entity, (i) all references to “you” throughout this Agreement will include, and this Agreement will be binding on, that person or entity, (ii) you represent that you are authorized to accept this Agreement on that person’s or entity’s behalf, and (iii) in the event you violate this Agreement, that person or entity agrees to be responsible to us.

b. Eligibility for This Agreement
If you are under the age of legal majority where you live or otherwise require the consent of a parent or legal guardian to enter into this Agreement under applicable law, you may use the Licensed Technology only under the supervision of a parent or legal guardian who also agrees to be bound by this Agreement.

You are not eligible to enter into this Agreement and may not download or use the Licensed Technology if you are, or are acting on behalf of any person or entity that is (i) listed on or otherwise subject to restrictions under, the Specially Designated Nationals and Blocked Persons List or other similar lists maintained by any U.S. government entity pursuant to economic sanctions laws or (ii) located in, organized in, or ordinarily resident in any country or territory that is subject to a U.S. embargo or other legal prohibition against receiving the Licensed Technology, in each case unless your use of the Licensed Technology is authorized by U.S. law.

c. Epic Account and Your Users
In order to access and download the Licensed Technology, you must first set up an account with us, which will be governed by Epic’s Terms of Service (epicgames.com/tos).

The License (as defined in Section 2) permits use of the Licensed Technology only by individuals who have accessed it by using a valid user account (“Users”). If you are an individual, you are the User. If you are a legal entity, the individual employees or agents exercising your rights under this Agreement are Users. When exercising a legal entity’s rights under this Agreement, Users are not required to accept this Agreement as individuals. The User may store the Licensed Technology on any of the User’s computers, but the Licensed Technology cannot be shared with others except as part of a permitted Distribution of Licensed Technology as described in Sections 4 and 5.

d. Use by Educational Institutions
As an exception to the above requirement that only a User may use the Licensed Technology, if you are an educational institution, like a school or a library, you may store Licensed Technology on any of your computers, and you may allow all users of those computers to use the Licensed Technology under the License on those computers. However, those users are not authorized under your License to Distribute the Licensed Technology (including as incorporated in a Product). For that, they must obtain a License of their own.

10. Who is Epic?
The Epic entity entering into this Agreement with you corresponds to where you live, as set forth below:

If you live (or if the primary place of business of the entity on whose behalf you are using the Licensed Technology is):
● In the United States of America the Epic entity entering into this Agreement with you is Epic Games, Inc.
● Outside of the United States of America the Epic entity entering into this Agreement with you is Epic Games Commerce GmbH.

11. Privacy
Your privacy is important to us. Please review our Privacy Policy (epicgames.com/privacypolicy). It describes how we collect, use, and share information when you use the Epic services that link to this Privacy Policy.

12. Records and Audits
You will keep accurate books and records that are reasonably sufficient to verify your compliance with the Seat subscription requirements and the Royalty Addendum. Epic or its designated representatives may upon reasonable prior notice to you conduct reasonable audits of those books and records. Any such audit (a) will be conducted by an independent third party auditor designated by Epic, (b) will not unreasonably interfere with your business activities, (c) may be conducted no more frequently than once every twelve (12) months, and (d) will be conducted during regular business hours. Provided you have complied with this Section 12, Epic will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited. In all other cases, you will reimburse Epic for the cost of the audit.

Other Rights and Obligations

13. Disclaimers
Nothing in this Agreement will prejudice any statutory rights that you have that may not be waived. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this and the next sections, so the below terms may not fully apply to you. In those jurisdictions, the exclusions and limitations below apply only to the extent permitted by the applicable laws of such jurisdictions.

THE LICENSED TECHNOLOGY, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, CODE, AND SOFTWARE, ARE PROVIDED BY EPIC ON AN “AS IS” AND “AS AVAILABLE” BASIS. EPIC AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS (THE “EPIC PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE LICENSED TECHNOLOGY. YOUR USE OF THE LICENSED TECHNOLOGY IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE EPIC PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE EPIC PARTIES DO NOT WARRANT THAT THE LICENSED TECHNOLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING WARRANTY DISCLAIMERS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

14. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES, WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE EPIC PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $1,000 AND THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO EPIC UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. SEEKING DAMAGES AS LIMITED BY THIS SECTION 14 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ACT OR OMISSION OF THE EPIC PARTIES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

15. Indemnification
This section only applies to the extent allowed by the applicable laws of your jurisdiction. If the applicable laws of your jurisdiction do not allow you to enter into the indemnification obligation below, then you assume, to the extent permitted by the applicable laws of your jurisdiction, all liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) that are the stated subject matter of the indemnification obligation below.

You agree to indemnify, pay the defense cost of, and hold harmless the Epic Parties from and against all liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorney and expert witness fees) arising out of or in connection with any third-party claims, demands, or actions (i) that, if true, would involve a breach by you of this Agreement (including, without limitation, any distribution or sublicensing of the Licensed Technology in violation of this Agreement), or (ii) related to your Products or your exercise of the License (except to the extent the third party is alleging your authorized use of unmodified Licensed Technology originally provided to you by Epic under this Agreement infringes any patent, trademark, or copyright).

16. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to this Agreement will be governed by New York law, exclusive of its choice of law rules. You and Epic agree to submit to the exclusive jurisdiction of the Supreme Court of New York County, New York, or, if federal court jurisdiction exists, the United States District Court for the Southern District of New York. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.

17. No Class Actions
To the maximum extent permitted by applicable law, you and Epic agree to only bring disputes arising out of or related to this Agreement in an individual capacity and will not:
● seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
● consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement.

You have the right to opt-out of this class action waiver within 30 days of the date on which you first accepted this Agreement unless a longer period is required by applicable law. To exercise this right, you must send written notice of your decision to the following address: Epic Games, Inc., Legal Department, ATTN: CLASS ACTION OPT-OUT, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Your notice must include your name, mailing address, and account name, and state that you wish opt-out of this class action waiver. To be effective, this notice must be received by Epic and postmarked or deposited within 30 days of the date on which you first accepted this Agreement. You are responsible for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt.

18. Miscellaneous
a. Support
Epic does not have any support obligations with respect to the Licensed Technology under this Agreement. Support resources may be obtained at www.unrealengine.com/support. Without limiting the foregoing, Epic does not have any obligation to make new versions of the Licensed Technology available, or to continue to make available for access or download any versions of the Licensed Technology.

b. U.S. Government Matters; Export Controls
The Licensed Technology 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, or import laws or regulations, such as the U.S. Export Administration Regulations and U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.

c. No Assignment
You may not assign your rights or obligations under this Agreement, including any rights to use the Licensed Technology. Any attempted assignment in violation of the foregoing will be void. We may assign this Agreement, in whole or in part, or delegate our rights or obligations hereunder with or without notice to you.

d. Relationship of the Parties
The relationship between you and Epic will be that of independent signatories, and nothing in this Agreement will be construed to constitute either party an agent of the other party. Without limiting the foregoing, neither party will have authority to act for or to bind the other party in any way, including to make representations or warranties or to execute agreements on behalf of the other party. This Agreement will not be construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party.

e. Language
To the fullest extent permitted by applicable law, the controlling language for this Agreement is English. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. Any translation has been provided for your convenience.

f. No Waiver; Severability
Any act by Epic to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity. Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated. Epic’s obligations are subject to existing laws and legal process, and Epic may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.

g. Survival
Upon conclusion of this Agreement, all royalties due to Epic will become immediately due and payable and all rights and remedies of Epic will survive.

h. Entire Agreement
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and Epic relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.





Royalty Addendum

If you Distribute a Royalty Product or generate advances or other revenue for a Royalty Product prior to its Distribution, you must comply with the terms of this Royalty Addendum.

1. What Products Require Royalty Payments to Epic
This addendum only applies to advances or other revenue generated in connection with Royalty Products. As a reminder, as further specified in Section 4(a) of the Agreement, this means the addendum generally does not apply to (and no royalty payments are due for):
a. Distributions of Non-Engine Products;
b. Distributions of Products that do not directly generate revenue;
c. Distributions of Products within your company group;
d. Distributions of Products to clients who hired you to develop the Products for them; and
e. Distributions of Products that are used, displayed, and performed solely at a physical location under your control or the control of your authorized distributors.

2. Submitting the Release Form
Before you Distribute a Royalty Product that will generate revenue, you must give Epic notice of your intended Distribution by submitting the release form found at unrealengine.com/release (the “Release Form”) as early as reasonably possible and in any event prior to the Distribution of the Royalty Product. Likewise, if you plan on beginning to generate revenue from a Royalty Product that you have already Distributed, you must submit a Release Form as early as reasonably possible before the Royalty Product is used to generate revenue.

3. What is the Royalty Rate?
a. The standard Royalty Rate
The “Royalty Rate” means the applicable percentage of Royalty Revenue you agree to pay to Epic. The Royalty Rate is equal to 5% of all Royalty Revenue (as defined in Section 4) unless your Royalty Product qualifies for a reduced royalty rate.
A Royalty Product that is a “Launch Everywhere with Epic Release” is entitled to a reduced Royalty Rate as explained in the next subsection.

b. Reduced Royalty Rate for Launch Everywhere with Epic Releases
If your Royalty Product qualifies as a Launch Everywhere with Epic Release (defined below), then beginning on the date the Royalty Product qualifies as a Launch Everywhere with Epic Release, the Royalty Rate will be reduced to 3.5% of all Royalty Revenue collected going forward across all platforms and stores.

If, at any time, a Royalty Product no longer qualifies as a Launch Everywhere with Epic Release the Royalty Rate will revert to 5% of all Royalty Revenue beginning on the date the Royalty Product no longer qualifies as a Launch Everywhere with Epic Release.

“Launch Everywhere with Epic Release” means a Royalty Product which, on or after January 1, 2025: (a) is released on at least one platform that supports Epic Games Store; (b) for each platform where (i) the Royalty Product is publicly released on the platform and (ii) Epic Games Store is available on the platform, the Royalty Product is publicly released on Epic Games Store on that platform either before or simultaneously with release on other stores on that platform; and (c) at all times, and subject only to platform limitations, at least meets the following parity requirements on an Epic Games Store:

i. Content Parity: during the commercial life of the Royalty Product, the Royalty Product on the Epic Games Store will have at least substantially the same content as corresponding versions on other stores including but not limited to, localizations, updates, bug fixes, and compatibility/performance updates but excluding other store-exclusive content you are contractually prohibited from making available on Epic Games Store; and

ii. Feature Parity: during the commercial life of the Royalty Product, the Royalty Product on the Epic Games Store will have at least substantially the same features as corresponding versions on other stores including but not limited to carry-over of save game to full game, cross-save, multiplayer, and social media integrations; and

iii. Marketing Parity: the product detail pages for the Royalty Product on Epic Games Store (such as a storefront), will have at least substantially the same content as corresponding versions on other stores on that platform; and any mention of availability of the Royalty Product on another store in any marketing materials (including links to store pages, videos, social media, etc.) will include equivalent mention of availability on Epic Games Store. This requirement applies to pre-launch marketing.

For iOS apps, Epic temporarily waives the Launch Everywhere with Epic Release requirement above to release such titles for Epic Games Store for iOS due to Apple's current commercially-prohibitive terms on alternative distribution. Epic will provide four (4) months prior notice before reinstating Launch Everywhere with Epic Release requirement on Epic Games Store for iOS.

4. How the Royalty Payment Is Calculated
The “Royalty Payment(s)” means the amount due to Epic calculated by multiplying the Royalty Revenue by the applicable Royalty Rate. “Royalty Revenue” means all worldwide gross revenue attributable to each Royalty Product minus any allowed exclusions enumerated in Section 4(b) of this Royalty Addendum.

a. Worldwide Gross Revenue
Worldwide gross revenue includes all revenue directly generated by your Royalty Product, regardless of who receives the revenue and regardless of whether you Distribute your Royalty Product to end users directly, self-publish via the App Store or any similar store, or work with a publisher or distributor. Royalty Revenue includes gross revenue:

i. resulting from any and all sales of a Royalty Product to end users through any and all media, including but not limited to digital and retail;
ii. resulting from any and all in-app purchases, downloadable content, microtransactions, subscriptions, sale, transfer, or exchange of user-generated content for use with a Royalty Product, or redemption of virtual currency which directly affects the operation of the Royalty Product, whether redeemed within the Royalty Product or externally;
iii. from any Kickstarter or other crowdfunding campaign which is directly associated with Royalty Product access or in-Royalty Product benefit (e.g., in a multi-tiered campaign, if an amount is established in an early tier solely for Royalty Product access, your royalty obligation will apply to that amount for each backer with the same access, but not on additional amounts in higher tiers based on ancillary benefits);
iv. from in-app advertising and affiliate programs;
v. from any advance payments for a Royalty Product (from a publisher or otherwise);
vi. received in connection with a Royalty Product’s inclusion in a streaming, subscription, or other game-delivery service (e.g., Apple Arcade, Microsoft GamePass, or any similar or successor services), including without limitation development funds and bonuses;
vii. received in connection with access to your Royalty Product or features or functionality within your Royalty Product; and
viii. received in any other form actually attributable to a Royalty Product (unless excluded below).

b. Allowed Exclusions
However, some gross revenue is excluded from the calculation of Royalty Revenue.

Quarterly exclusion: You will not be obligated to pay us any royalty payments for calendar quarters in which you don’t reach a certain threshold. The following is excluded from the calculation of Royalty Revenue:

i. revenue attributable to a Royalty Product from a calendar quarter during which the gross revenue for such Royalty Product is less than $10,000.

The following simplified examples illustrate how quarterly exclusions work and assume a Royalty Rate of 5%.
● Your Royalty Product generates $9,000 in the first calendar quarter and $9,000 in the second calendar quarter. You will not be obligated to pay any royalties for either quarter.
● Your Royalty Product generates $9,000 in the first calendar quarter and $10,100 in the second calendar quarter. You will not be obligated to pay any royalties for the first quarter and, unless another exclusion (such as the $1,000,000 lifetime exclusion) applies, you will be obligated to pay$505 ($10,100 x .05) in royalties for the second quarter.

Lifetime exclusions: Even if you have exceeded the quarterly exclusion, you will not be obligated to pay us any royalty payments until you reach certain lifetime gross revenue thresholds. The following are excluded from the calculation of Royalty Revenue:
ii. the first $1,000,000 in lifetime gross revenue for each Royalty Product; and
iii. the first $5,000,000 in lifetime gross revenue for each Royalty Product from the Oculus Store (or its successor).

The following simplified example illustrates how lifetime exclusions work.
● You charge $10 for your Royalty Product and have sold 90,000 copies of it. You would not be obligated to pay any royalty payments on the $900,000 you have earned.

Royalty alternative exclusions: You may have already made a royalty payment or have other fee obligations to Epic on certain revenue generated by a Royalty Product. To prevent you from being charged twice by Epic on such revenue, the following exclusions apply to the calculation of Royalty Revenue:

iv. royalties that you pay on an advance payment of revenue for a Royalty Product that is recoupable by the payer, such as a publisher, may be credited against future royalty payments that you incur under this Agreement for that Royalty Product; and
v. revenue generated from sales of your Product on the Fab Marketplace, 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 and assume a Royalty Rate of 5%.
● Your publisher pays you a $100,000 advance on a Royalty Product you are developing. You are not obligated to pay us any royalty payments on the advance (because you have not yet earned $1,000,000 in lifetime gross revenue on your Product).
● Your publisher pays you a $1,100,000 advance on a Royalty Product you are developing that the publisher may recoup against future sales of your Royalty Product. You are obligated to pay only $5,000 to Epic for that advance (5% of $100,000 because you are not obligated to pay royalties on the first $1,000,000 in lifetime gross revenue from a Product). Your Royalty Product then generates $500,000 in sales, which normally creates $25,000 in royalty obligations. Since the $5,000 royalty from the advance is credited against this obligation, you are obligated to pay$20,000 ($25,000 - $5,000 credit) in royalties to Epic for the foregoing sales.
● You charge $20 for your Royalty Product and have sold 90,000 copies of it through the Epic Games Store. Under this Agreement, you would not be obligated to pay any royalty payments on the $1,800,000 you have earned.

Other exclusions: The following are also excluded from the calculation of Royalty Revenue:
vi. revenue from a Royalty Product that is Distributed (whether by you or any other third party) only to third parties who are separately licensed by us to use Unreal Engine is excluded from Royalty Revenue;
vii. revenue from ancillary products that are not software and that do not contain embedded information (such as QR codes) that affects the operation of the Royalty Product (e.g., comic books, soundtracks, apparel);
viii. cash prizes given with awards earned for the Royalty Product;
ix. revenue from donations for a Product that are not tied to Royalty Product access or in-Royalty Product benefits;
x. sales or value added taxes charged to end users of the Royalty Product; and
xi. funding you receive from Epic through the Epic MegaGrants program.

5. Additional Examples
The following additional simplified examples illustrate how royalty payments are calculated and assume a Royalty Rate of 5%.

● You charge $10 for your Royalty Product on the App Store. When you Distribute a copy, Apple may only pay you $7 (having deducted 30% as a distribution fee). However, your Royalty Revenue would be $10 and your royalty payment to Epic would be $0.50 (5% of $10).
● Your Royalty Product generates $1 Million in the first calendar quarter and $9,000 in the second calendar quarter. You will not be obligated to pay any royalties for either quarter. The $1 Million from the first quarter falls under the lifetime exclusion in Section 4(b)(ii) of the Royalty Addendum. The $9,000 from the second quarter falls under the quarterly exclusion in Section 4(b)(i) of the Royalty Addendum.
● Your Royalty Product generates $1 Million in the first calendar quarter and $10,100 in the second calendar quarter. You will not be obligated to pay any royalties for the first quarter as the $1 Million from the first quarter falls under the lifetime exclusion in Section 4(b)(ii) of the Royalty Addendum. You will be obligated to pay $505 ($10,100 x .05) in royalties for the second quarter.

6. Reporting and Making Your Royalty Payments
Within 45 days after the end of each calendar quarter in which you earn Royalty Revenue, you must report the Royalty Revenue to Epic on a per Product basis and pay Epic the Royalty Payments. Additional information on royalty reporting and payment can be found at unrealengine.com/release.

Any amounts unpaid after the required due date shall accrue interest at a rate equal to the 30-day average Secured Overnight Financing Rate (SOFR) rate effective for the date that payment was first due (as reported by the Federal Reserve Bank of New York) or the maximum rate allowable by applicable law, whichever is less, compounded monthly.

Except to the extent required by applicable law, all payments, fees and royalties are non-refundable under all circumstances.

7. Other Obligations You Have
a. Taxes
You are responsible for all taxes on all payments required to be made by you under this Agreement (other than taxes that Epic is obligated to pay on its income, which are Epic’s responsibility). Epic may charge sales tax, value added taxes, goods and services taxes, or other similar indirect taxes as required by law to Licensee unless you provide a valid sales tax resale certificate, exemption certificate, VAT ID, GST ID, or other similar tax ID to Epic prior to execution of this Agreement. Both parties shall take all measures in accordance with their respective domestic law and double taxation agreement, if any, to ensure a reduction or exemption of withholding income tax, which might become payable in connection with the Agreement. For the aforementioned purpose, Epic will provide you with documentation sufficient to substantiate reduced or exemption (if any) of withholding income tax subject to the Tax Treaty. If you are required by a government agency to reduce your payment to Epic for any reason, you are required to provide sufficient documentation to Epic supporting the withholding.

b. Currency
You are responsible for ensuring that all applicable Royalty Revenue and Royalty Payments are converted to USD using rates published by an international bank or recognized exchange rate website.

EPIC GAMES STORE END USER LICENSE AGREEMENT
Last Updated January 15, 2025

Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Epic Games Store and Software, including any Services you access or purchases you make through the Software. By accessing the Epic Games Store, by downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not access the Epic Games Store or download or use this Software.

In particular, we want to highlight some important terms, policies, and procedures in this Agreement. By accepting this Agreement:

1. You are also agreeing to the Epic policies and terms listed below, which are expressly incorporated into this Agreement. Please read them carefully:

Our Privacy Policy (https://www.epicgames.com/privacypolicy(Opens in new tab)) explains what information we collect from you and how we protect it.

Our Fan Content Policy (https://www.epicgames.com/fan-art-policy(Opens in new tab)) explains what you can do with Epic’s Intellectual Property in the content you create.

Our Terms of Service (https://www.epicgames.com/tos(Opens in new tab)) explain the rules for our websites.

2. You and Epic agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. Section 12 explains the process in detail. We’ve put this up front (and in caps) because it’s important:

THIS AGREEMENT CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE CERTAIN DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND EPIC AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 12).

TO ENTER INTO THIS AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.

If you use third party Software or services, the privacy policy of the applicable licensor or publisher may also govern your use of that Software or Services. By downloading or using the Software, you also agree to Epic’s Terms of Service and acknowledge that you have read Epic’s Privacy Policy.

Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 16.

1. License Grant
1.1 Standard license to Software
Epic operates the Epic Games Store and may allow you to add Software to your library, either by purchasing a license to the Software or by adding it to your library at no charge (each time you add Software to your library, it’s a “Transaction”).

Except as stated in Section 1.2, Epic grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use the Software and its associated Services for your personal, non-commercial use (the “License”). The rights that Epic grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.

The License to the Epic Games Launcher becomes effective on the date you accept this Agreement. The License to other Software becomes effective on the date you complete a Transaction for the Software. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.

In rare cases, after you have completed a Transaction for Software the Software may be removed from the Epic Games Store (for instance, because the Developer stops supporting an online game) and become unavailable for further download or access from the Epic Games Store.

1.2 Developer license to Software
Certain Software and Services may be subject to additional or alternative license terms between you and the Developer (“Software Specific Terms”). Software Specific Terms are in addition to the License granted in this Agreement unless (a) the Software Specific Terms are presented to you during a Transaction and (b) Epic indicates that the Software is licensed exclusively under the Software Specific Terms. In the event of any conflict between the provisions of this Agreement and the provisions of any additional Software Specific Terms, the provisions of this Agreement shall prevail. Any Software Specific Terms you agree to are only between you and the Developer. Epic is not a party to such Software Specific Terms unless Epic is the Developer.

2. License Conditions
You may not do any of the following with respect to the Software or any of their parts: (a) use it commercially or for a promotional purpose; (b) use it on more than one device at a time; (c) copy, reproduce, display, perform, or otherwise use it in a way that is not expressly authorized in this Agreement or its Software Specific Terms; (d) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; or (j) behave in a manner which is detrimental to the enjoyment of the Software or Services by other users as intended by Epic, in Epic’s sole judgment, including but not limited to the following – cheating, harassment, use of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering, or scamming.

3. Updates and Patches
Epic may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. Epic may update the Software remotely without notifying you, and you hereby consent to Epic applying patches, updates, and upgrades. Epic may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from Epic, including without limitation after a patch, update, or upgrade is applied by Epic. Epic does not have any maintenance or support obligations with respect to the Software or Services.

4. Mods
Epic may permit you to use the Services to create, develop, upload, submit, transmit, or otherwise make available to Epic and other users additions, enhancements, modifications, or other user generated content for certain video games (“Mods”) as permitted by the developer or publisher of such video games (“Rightsholder”). You will comply with all third-party applicable terms of service, end user license agreements, and policies relating to Mods, including any agreements or policies provided by the Rightsholder. With respect to each Mod, you will provide complete and accurate disclosures in response to all requests made by Epic or the Rightsholder regarding the use of intellectual property within the Mod, the Mod's security and data privacy measures and processes, and information pertinent to content ratings, and you are responsible for ensuring that the Mod is, and remains, compatible with the Services and the applicable video game(s).

You represent and warrant that your Mods do not (1) violate applicable law, (2) violate or infringe any third party rights, including intellectual property rights or privacy, publicity, or moral rights, or (3) contain any viruses or malicious code or content, such as any software that interferes with, disrupts, damages, or provides unauthorized access to devices, servers, networks or other properties or services of any third party. Epic reserves the right to take down any Mods in its discretion.

Epic will not sell your Mods unless You have entered into a separate agreement with Epic permitting it to do so. You acknowledge and agree that (1) You are not entitled to any compensation by Epic for your Mods unless expressly provided in a separate agreement with Epic, (2) Epic has no obligation to accept, distribute, or make available any of your Mods, (3) Epic will provide your email address to Rightsholders to enable Rightsholders to contact you in connection with your Mods, and (4) Epic may forward to You claims or notices that You do not have all necessary rights in and to your Mod.

By submitting Mods to Epic, you hereby grant to Epic a non-exclusive, fully-paid, royalty-free, and revocable license to use, copy, modify, distribute, publicly perform, and publicly display your Mods for the purpose of enabling end users to install and use the Mods.

5. Feedback
If you provide Epic with any Feedback, you hereby grant Epic a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Epic is not required to make any use of any Feedback that you provide. You agree that if Epic makes use of your Feedback, Epic is not required to credit or compensate you. You represent and warrant that you have sufficient rights in any Feedback that you provide to Epic to grant Epic and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

6. Ownership/Third Party Licenses
As between you and Epic, Epic and its licensors own all title, ownership rights, and intellectual property rights in the Software and Services. Epic, Epic Games, Unreal, Unreal Engine, and their respective logos, are trademarks or registered trademarks of Epic and its affiliates in the United States of America and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.

7. Disclaimers and Limitation of Liability
The Software and Services are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Epic, its affiliates, and its and their licensors and service providers (collectively, the “Epic Parties”) disclaim all representations, warranties and conditions (whether express or implied) with respect to the Software and Services, including without limitation regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not an Epic Party knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Epic Parties make no warranty that (1) the Software or Services will operate properly, (2) the operation of the Software or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, the Epic Parties shall not be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement, the Software or Services, even if an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties arising out of or in connection with this Agreement or the Software or Services will not exceed the total amounts you have paid (if any) to Epic for the particular Software or Service to which the liability relates during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a Software licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include a disclaimer of the Developer’s warranties and a limitation of the Developer’s liability.

Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.

8. Indemnity
You agree to indemnify, pay the defense costs of, and hold harmless the Epic Parties and their respective employees, officers, directors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software or Services, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from Epic’s use of your Feedback. You agree to reimburse the Epic Parties on demand for any defense costs incurred by the Epic Parties and any payments made or loss suffered by the Epic Parties, whether in a court judgment or settlement, based on any matter covered by this Section 8.

If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

As used in the above indemnity provisions, the term “Epic Parties” includes the third-party Developer of Software Licensed to you under this Agreement unless you have agreed to Software Specific Terms for that Software or Service that include an indemnity of the Developer.

9. Termination
Without limiting any other rights of Epic, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting all copies of the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.

Except as expressly stated otherwise herein or to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.

Sections 2, 4-13, 15-17 will survive any termination of this Agreement.

10. Purchases and Payment
Through the Epic Games Store and Services, Epic may enable you to purchase Software licenses and/or Services using your Epic account. Loading and use of an Epic Account Balance to make such purchases is governed by Epic’s Terms of Service. Any promotional code provided to you to purchase or redeem for Software licenses and/or Services may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a payment card, promotional code, or other payment method to Epic to make a purchase, you represent to Epic that you are the authorized user of the payment method, and you authorize Epic to charge your payment method for the purchase amount, including sales taxes, VAT, or other applicable taxes. You are responsible for all purchases made through your Epic account.

Also, a Developer may enable you to purchase digital items and services for use within its Software using a payment method that is not provided by Epic through the Services. You may not conduct such payments or transactions or use such digital items or services for any unlawful purpose. Such payments and transactions are solely between you and the Developer pursuant to the Developer’s terms of sale or end user license agreement between you and the Developer. Epic is not a party to such payments or transactions.

11. Epic Rewards Program
11.1 Program Description
All Epic Games Store users will be automatically enrolled in the Epic Rewards program (“the Program”). Under the Program, Epic Games Store users will earn rewards based on eligible purchases made in the Store using their Epic Games account (“Account”), including subscription payments. For each eligible purchase, a percentage of the purchase amount (excluding taxes and other fees, if any), to be determined by Epic in its sole discretion and disclosed to users before any eligible purchase, will be credited to the user’s Account (“Epic Rewards”). Epic Rewards can be used towards future eligible purchases through the Epic Games Store, including through the storefront and using the Epic Game Store payment processes.

From time to time, Epic may offer the opportunity to earn Epic Rewards in additional ways or the percentage of purchases a user can earn in Epic Rewards may be increased for a limited time.

Epic’s decisions with respect to the amount of Epic Rewards accumulated are final and binding.

Epic Rewards will not be available for redemption until fourteen (14) days after an eligible purchase.

11.2 Epic Rewards Use/Restrictions/Expiration
Epic Rewards may not be used towards the purchase of items on any websites (i.e., third-party sites) other than Epic online stores that accept Epic Rewards.

The maximum Epic Rewards balance an Epic Games Store user may have at any given time is USD$500 (or its equivalent in the Participant’s local currency), or the maximum allowable in the user’s local jurisdiction, if that amount is less than the equivalent of $500USD. If a user’s Epic Rewards balance will exceed $500 after an eligible purchase, the user will not receive the portion of the Epic Rewards for the purchase which, when added to the user’s existing Epic Rewards balance, would exceed $500USD. For example, if a user has an Epic Rewards balance of $495USD and the user makes a $100 purchase that is eligible for $10 in Epic Rewards, the user will receive $5USD in Epic Rewards. You can check your Epic Rewards balance at any time in your Account.

Unless otherwise disclosed as part of the Program, unused Epic Rewards expire twenty-five (25) months after the date they are earned.

Epic Account funds deposited by the user separate from Epic Rewards do not expire.

Epic Rewards are applied at the cart level at the user's discretion and will be applied on a first in-first out basis (i.e., the earliest earned Epic Rewards will be applied first). A user is not obligated to use Epic Rewards before using Account funds.

Epic Rewards can be applied in whole or in part to cover an eligible purchase, or just a portion of an eligible purchase. If an Epic Games Store user’s Epic Rewards balance is insufficient to cover the cost of an eligible purchase, the user will have to use an alternative payment method to cover the purchase, such as available Account funds or another payment source.

Epic Rewards cannot be duplicated.

Unless otherwise stated, Epic Rewards are combinable with other offers, coupons, discounts, and payment methods.

If a product purchased with Epic Rewards is refunded, the refunded amount will be credited back to the Epic Rewards balance. If those Epic Rewards have expired at the time of the refund, Epic can choose, at its discretion, to extend the expiration date for the Epic Rewards.

An Epic Games Store user may not obtain a refund of Epic Rewards earned by an eligible purchase more than fourteen (14) days after the Participant made the eligible purchase.

If an Epic Games Store user closes their Account, the Epic Rewards balance will be forfeited.

Epic Rewards have no cash value and cannot be transferred, traded, or cashed out.

Epic Rewards have no value outside of the Program.

If Epic decides a user has violated this Agreement, Epic may deduct the Epic Rewards associated with such violation from a user’s Epic Rewards balance and/or terminate the user’s account and void all of their accrued Epic Rewards.

For the avoidance of doubt, if Epic cancels a user’s Account and/or a user’s Account is temporarily suspended for whatever reason, including, but not limited to, fraud or a violation of this Agreement or any other terms or policies associated with the Store accepted by the user, the user will be banned from the Program, will forfeit any unredeemed Epic Rewards, and any purchases made by the user through fraud, in violation of this Agreement or any other terms or policies associated with Epic’s products or services, will be invalidated.

Epic Games Store users are responsible for all federal, provincial, state, and local taxes, if any, and accept responsibility for any tax implications that may arise from the Epic Rewards or the use thereof. Any tax filing obligation or any tax payment due to any authority as a result of receipt of Epic Rewards remains the sole responsibility of the user. It is the responsibility of each user to seek independent advice on the possible implications this may have on his/her own financial situation.

11.3 General Conditions
Unless otherwise specified, the Program is not valid in combination with any other programs offered by Epic. By participating in the Program, Epic Games Store users (and, if an eligible minor, their parent or legal guardian) agree (i) to release, discharge, indemnify and hold harmless Epic, its parent, subsidiaries, affiliates, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees and agents (collectively, “Released Parties”) from any liability or damages which may arise out of participation in the Program or out of the acceptance, use, misuse or possession of any Epic Reward or products obtained through this Program. All applicable federal, state and local laws and regulations apply.

Released Parties are not responsible for late, lost, incomplete, delayed, inaccurate, garbled, undelivered, misdirected Epic Rewards, reward requests, rewards, benefits, emails or other communications of any kind; or for other errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the tabulation of Epic Rewards, or in any Program-related materials. Persons found tampering with or abusing any aspect of this Program, who are acting in a disruptive or unsportsmanlike manner or who are otherwise not in compliance with these terms as solely determined by Epic will be disqualified and all their Epic Rewards will be voided. Released Parties are not responsible for injury or damage to users' or to any other person's computer or other device related to or resulting from participating in this Program or downloading materials from or use of the Epic Games Store.

Epic reserves the right at any time to modify, suspend or cancel the Program. Any changes Epic makes will be effective 90 days after Epic provides the user(s) notice, which it may give either by e-mail or through the Account Management page in the Epic Games Store under EULA history. A user’s participation in the Program after such notice will be deemed acceptance of such changes. You should review the Epic Games Store EULA periodically to ensure familiarity with the most current version. All questions or disputes regarding the Program, including without limitation, those involving eligibility, participation, fraud and abuse will be resolved by Epic.

12. Governing Law and Jurisdiction
You agree that this Agreement will be deemed to have been made and executed in the State of North Carolina, U.S.A., and any dispute will be resolved in accordance with the laws of North Carolina, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the Superior Court of Wake County, State of North Carolina or the United States District Court for the Eastern District of North Carolina. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.

13. Binding Individual Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

Most issues can be resolved quickly and amicably by contacting Epic customer support at https://www.epicgames.com/customer-service(Opens in new tab). But we understand that sometimes disputes can’t be easily resolved by customer support. This Section explains how You and Epic agree to resolve those disputes, including (where applicable) by binding, individual arbitration.

Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and Epic is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and Epic.

13.1 Informal Resolution.
If you have an issue that our customer support can’t resolve, prior to starting arbitration You and Epic agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and Epic agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day You or Epic receive a written Notice of a Dispute in accordance with this Agreement.

You will send your Notice of Dispute to Epic Games, Inc., Legal Department, ATTN: NOTICE OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Include your name, account name you use while using the Software, address, how to contact you, what the problem is, and what you want Epic to do. If Epic has a dispute with You, Epic will send our Notice of Dispute to your registered email address and any billing address You have provided us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names) and what resolution to the Dispute is being sought. All applicable statutes of limitations will be considered tolled beginning on the day one of us sends a compliant Notice of Dispute to the other. You or Epic cannot proceed to arbitration without having first sent a compliant Notice of Dispute and completing the Informal Resolution period. In the event of disagreements over whether a compliant Notice of Dispute was sent or an arbitration was filed without completing Informal Resolution, the party aggrieved by this failure can seek relief from the state courts in Wake County, North Carolina or, if federal jurisdiction exists, the United States District Court for the Eastern District of North Carolina, to enjoin the arbitration from proceeding until Informal Resolution has been completed, and to order the party that has not followed the Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred. Epic and you consent to the jurisdiction of such courts for this purpose.

If you reside in the European Union (“EU”), You may also be entitled to submit Your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform(Opens in new tab). ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.

If the dispute isn’t resolved within by Informal Resolution or small-claims court (below), You or Epic may start an arbitration in accordance with this Agreement.

13.2 Small Claims Court
Instead of using Informal Resolution, You and Epic agree that You may sue us in small-claims court in your choice of the county where you live or Wake County, North Carolina (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court.

13.3 Binding Individual Arbitration.
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

You and Epic agree that Disputes will be settled by binding individual arbitration conducted by

National Arbitration and Mediation (“NAM”), https://namadr.com(Opens in new tab), according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by this Agreement. This Agreement affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.

This means that You and Epic agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. NAM uses experienced professionals to arbitrate disputes, which helps You and Epic resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.

The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can be enforced like any other court order or judgment.

13.3.1 Disputes We Agree to Arbitrate:
You and Epic agree to submit all Disputes between You and Epic to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between You and Epic that relates to your use or attempted use of the Epic Games Store, Software, or Services or that relate to this Agreement, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.

You and Epic agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.

The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Epic’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.

You and Epic agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.

13.3.2 Arbitration Procedure:
You or Epic may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a “Demand for Arbitration” with NAM in accordance with the Rules. Instructions for filing a Demand for Arbitration with NAM are available on the NAM website or by emailing NAM at commercial@namadr.com. You will send a copy of any Demand for Arbitration to Epic Games, Inc., Legal Department, ATTN: ARBITRATION OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Epic will send any Demand for Arbitration to your registered email address and any billing address You have provided us.

The arbitration will be conducted by a single arbitrator. You and Epic both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by this Agreement.

If an in-person hearing is required, the hearing will take place either in Wake County, North Carolina, or where You reside; you choose.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Epic agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

The arbitrator may only award legal or equitable remedies that are requested by You or Epic to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). To the fullest extent allowed by applicable law, the arbitrator may not award relief against Epic respecting any person other than You.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

13.3.3 Arbitration Fees and Location:
If You start the arbitration, you must pay the NAM filing fee required for consumer arbitrations.

In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly:

If the Dispute involves $10,000 or less, Epic will pay all of the NAM filing fee, including the fee you otherwise would have been required to pay.

If the above doesn’t apply to You, but You demonstrate that the arbitration filing fee will be prohibitive compared to litigation costs, Epic will pay as much of your filing fee as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).

For purposes of calculating damages under this paragraph, similar claims brought by multiple claimants represented by the same or coordinated counsel will be aggregated. In other words, if twenty people represented by the same or coordinated counsel seek $1,000 each, this will be treated for purposes of this section as a claim that seeks $20,000.

Even if Epic wins the arbitration and the applicable law or the Rules allow Epic to seek our portion of NAM fees from you, we won’t.

The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the Rules.

Filing fees Epic agrees to pay under this section do not include your Attorneys’ fees and costs and such fees and costs are not counted when determining how much a dispute involves.

Epic won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the Rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

13.3.4 Coordinated Filings.
If 25 or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in this Agreement. Epic or you may advise the other of its or your belief that cases are Coordinated Cases, and disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter. Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below. Epic will pay only its share of arbitration fees for Coordinated Cases filed in arbitration; the claimants will be responsible for their share of those fees. Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been received by a party until, under the terms of this Agreement, the Coordinated Case is filed in arbitration or, as provided for below, in court.

Once counsel in the Coordinated Cases has advised Epic that all or substantially all Notices of Dispute have been provided for those cases, counsel for the parties shall confer in good faith

regarding the number of cases that should proceed in arbitration as “bellwethers,” to allow each side a reasonable opportunity to test the merits of its arguments. If counsel for the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in deciding how many bellwether trials to order include the complexity of the dispute and differences in facts or applicable laws among various cases. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider. No other cases may be filed until those bellwether matters have concluded, and Epic Games may not be required to pay any fees associated with arbitration demands other than those permitted to be filed as bellwethers. The parties acknowledge that resolution of Coordinated Cases not selected as bellwethers will be delayed by this bellwether process.

Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.

Only bellwether trials will proceed in arbitration. Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Epic agree), the parties must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. Epic and counsel for the claimants must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for Epic and claimants cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Epic and counsel for the claimants will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of Coordinated Cases for which a compliant Notice of Dispute was received by the other party but that were not resolved in bellwether proceedings. Such Disputes may be filed only in the state courts in Wake County, North Carolina, or if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina, and you consent as part of the Agreement to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Epic from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute. Any party may contest class certification at any stage of the litigation and on any available basis. The state courts of Wake County, North Carolina or, if federal jurisdiction exists, the United States District Court for the Eastern District of North Carolina, shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. You consent to the jurisdiction of such courts for this purpose.

13.3.5 Notice and Filing.
If a Dispute must be arbitrated, You or Epic must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. Epic encourages You to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.

13.3.6 Continuation in Effect.
The dispute resolution process set forth in this section survives any termination of this Agreement or Epic’s provision of services to You.

13.3.7 Future Arbitration Changes.
Although Epic may revise this Agreement in its discretion, Epic does not have the right to alter the terms of arbitration or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant. Whether changed procedures are less favorable to the claimant is an issue to be decided by the arbitrator, and if multiple claimants are proceeding in Coordinated Cases, the applicability of revised terms to the Coordinated Cases will be decided by the arbitration provider as a process matter.

13.4 Class Action Waiver.
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), You and Epic agree to only bring disputes, claims, or controversies between you and Epic that relates to any Epic Product or the Epic Products generally, your use or attempted use of an Epic Product, or this Agreement, in an individual capacity and shall 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.

13.5 Severability.
If all or any provision of this Section is found invalid, unenforceable, or illegal, then You and Epic agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, You and Epic agree that it will not be severable; this entire Section 13, except for Section 13.4, will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without Epic’s express consent.

14. U.S. Government Matters
The Software 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 Software is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under this Agreement.

You represent and warrant to Epic that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

15. Amendments of this Agreement
Epic may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement through the Software or other means. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement in accordance with Section 9 before such amended Agreement becomes effective, upon which you must stop using the Software. By using the Software after the amended Agreement becomes effective or otherwise indicating your acceptance of the amended Agreement, you are agreeing to be bound by the terms of the amended Agreement.

16. No Assignment
You may not, without the prior written consent of Epic, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any transferee of the Software. Epic may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

17. Definitions
As used in this Agreement, the following capitalized words have the following meanings:

“Epic” means, depending on the location of your primary residence:

If you reside in the United States of America, the Epic entity entering into this Agreement with you is Epic Games, Inc., a Maryland Corporation having its mailing address at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.

If you reside outside the United States of America, the Epic entity entering into this Agreement with you is Epic Games Commerce GmbH, a Swiss company with limited liability having its principal business offices at Platz 10, 6039 Root D4, Switzerland.

“Developer” means the party who is offering Software for sale through the Epic Games Store.

“Epic Games Launcher” the proprietary application known as the Epic Games Launcher.

“Epic Games Store” means the online store known as Epic Games Store and the Epic Games Launcher.

“Feedback” means any feedback or suggestions that you provide to Epic regarding the Software, Services or other Epic products and services.

“Software Specific Terms” means additional or alternative license terms between you and a Developer specific to a particular Software or Service.

“Services” means any services made available to you by Epic or its affiliates through the Software, including services to purchase, download, or use video games or other Software or Services.

“Software” means (i) the Epic Games Launcher and (ii) video games or other software made available for download or use through the Epic Games Store. The term “Software” also includes any patches, updates, and upgrades to such Software, and all related content and documentation provided with or for the Software, additionally including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to such Software, and any copies of any of the foregoing.

18. Miscellaneous
For information about our content moderation practices, please visit our Safety and Security Center(Opens in new tab).

The Epic Games Store makes recommendations of products to you to help improve your experience on the service.

When Epic features products algorithmically, this is based on a number of main parameters, including aggregate user interactions with the service (such as views, searches and applied filters), information about an individual user (such as age and language preferences), and information about a product itself (such as the product’s release date, whether it is paid for or free, its rating, and number of downloads).

Other examples of our algorithmic features include things like “top player rated”, “trending” and “most popular”.

This Agreement, together with the Terms of Service, Privacy Policy, and any Software Specific Terms or other additional terms you may have agreed to with Epic, constitutes the entire agreement between you and Epic relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.

The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.

This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.

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.

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.