END USER LICENSE AGREEMENT - "CLANG TIDY"

This is the end user licence agreement for June Rhodes t/a Redpoint Games (ABN: 67 144 773 753) defined here as "Redpoint" or "We".

This software product entitled "clang-tidy for Unreal Engine" ("Software") is owned and controlled by Redpoint, and is protected under local copyright law, international copyright treaties and other intellectual property principles. This Software is licensed, not sold to you. This Software is provided under the following license which defines what you may do with the Software and contains usage restrictions and limitations on warranties and/or remedies.

You must read the terms and conditions of this End User Licence Agreement (the "Agreement") carefully before downloading, installing, or otherwise using the Software. By downloading, installing, using, or otherwise accessing the Software, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions.

1. LICENSE

1. Subject to the terms and limitations set forth herein, Redpoint grants you a limited non-exclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly stated herein are reserved by Redpoint, and Redpoint disclaims any and all implied licenses. The copyright and all other rights in and to the Software will remain with Redpoint.
2. The Software is a plugin for Unreal Engine. Unreal Engine is a software engine owned and controlled by Epic Games, Inc ("Epic"). The Software integrates into the Unreal Engine build system to perform additional checks when compiling and building your game. Redpoint has no affiliation or partnership with Epic and all users must read and understand all Unreal Engine terms of service. Redpoint makes no warranties about any of the Unreal suite of software services and/ or products.

2. GRANT OF LICENSE

1. Redpoint grants you a non-exclusive revocable licence to install and use the Software on compatible devices you own or control for use in accordance with this Agreement.
2. Custom Licence holders may modify the parts of the Software for which source code is provided, exclusively for your own use with Unreal Engine. For the avoidance of doubt, you are not permitted to integrate the Software, or any modifications made by you into an externally distributed product created by you or another third party. Free Edition license holders may not modify or adapt the Software in any way.
3. You acknowledge that Redpoint owns all right, title and interest, including without limitation all intellectual property rights, in and to the Software and that you will not acquire any right, title or interest in or to the Software or Software, except the limited license expressly set forth in clause 2a) above.

3. TIERS OF SERVICE

There are two tiers of service for the Software. The Free Edition and Custom Licenses.

1. The Free Edition is defined as applying to:
   1. Individual Users, where there are 5 or fewer individuals working on an Unreal Engine project over the entire life of that project; and
   2. Corporate Users with 5 or fewer employees
   3. For the Free Edition, users are permitted to use the Software with their Unreal Engine projects, but are not permitted to modify any of the build integration code. Redpoint will not provide any support to Free Edition users.
   4. Users of the Free Edition must upgrade to a Custom Licence as soon as they become aware that they are in breach of the Free Edition terms, in accordance with clause 3b) below.
2. Custom License Any Users that are not eligible for the Free Edition must contact [email protected] to negotiate terms of use, and a support package that will apply to your organisation or collective. The terms in this agreement also govern Custom License Users, but a further written agreement will operate to accommodate any specific needs.

4. LIMITATION OF LICENSE

1. All Users must not:
   1. make copies of the Software except as expressly permitted in this Agreement;
   2. translate, reverse engineer, decompile, or disassemble the Software;
   3. remove or alter any copyright, trademark or other proprietary rights notices contained in the Software or any other Redpoint content;
   4. rent, lease, loan, sub-license, distribute, assign, or transfer the Software;
   5. use the Software for any unauthorized purpose or in violation of any applicable laws or regulations;
2. If you do not have a lawfully obtained, current and valid license to the Software (as per Section 3) you must as a material term of this agreement, immediately and permanently delete any and all copies of these Software-related binaries and files listed at i) through xiii) below. Any use of these items other than as expressly permitted under these terms is strictly prohibited and constitutes an immediate material breach of these terms. For the avoidance of doubt, All Users with a lawfully obtained, current and valid Custom Licence are excluded from the restriction in this clause b).
   1. clang.exe
   2. clang++.exe
   3. clang-ast-dump.exe
   4. clang-cl.exe
   5. clang-cpp.exe
   6. clang-offload-bundler.exe
   7. clang-offload-wrapper.exe
   8. clang-query.exe
   9. clang-tblgen.exe
   10. clang-tidy.exe
   11. llvm-lit.py
   12. llvm-tblgen.exe
   13. ClangTidySystem.lua

5. TERM

This License will continue for as long as you use the Software. However, this License will terminate automatically without notice from Redpoint if you fail to comply with any of its terms or conditions. Upon termination you must immediately cease using the Software and remove the Software from your personal device(s) and network. The Limitations of Warranties and Liability set out below will continue in force even after any termination.

6. LIMITATION OF WARRANTIES AND LIABILITY

The Software is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Software and for the use of any third-party website or service, and Redpoint disclaims all liability for any loss, injury or damage resulting from use of the Software and any third-party website, whether direct or indirect.

In no event will Redpoint have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Redpoint's total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product or the software will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.

7. THIRD PARTY AGREEMENTS

Nothing contained in this Agreement shall purport to govern or change, in any way, your relationship with any third party under applicable agreements, including any terms of use or any other applicable agreement. Redpoint disclaims any obligation or liability on the part of any third party to provide support or other services to the end user.

8. INDEMNITY

You agree to indemnify and hold harmless Redpoint, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Software, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

9. PRIVACY

We do not collect any personally identifiable information. For more information on privacy, see our policy at https://redpoint.games/privacy-policy/.

10. GENERAL

This Agreement is the entire agreement between us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to be bound by the laws of that jurisdiction.