END USER LICENSE AGREEMENT - "EOS Online Subsystem"
1. INTRODUCTION
-
This is the end user licence agreement for J. Rhodes t/a
Redpoint (Australian Business Number: 67 144 773 753) (defined
here as "RP" or We").
-
This software product entitled "EOS Online Subsystem" is a
plugin for Unreal Engine ("Plugin"). The Plugin is owned by RP
(subject to the rights of Epic Games) and is protected under
copyright laws, international copyright treaties and other
intellectual property laws. This document outlined the rights
of users of the free version of the Plugin only ("Free
Edition"). For those users who wish to purchase the paid
version of the Plugin ("Marketplace Edition"), please see the
Unreal Engine marketplace (the "Marketplace" that can be found
here. The rights
attached to the use of the Marketplace Edition
can be found
here.
-
Please read the terms and conditions of this Licence Agreement
(the "Agreement") carefully before downloading,
installing, or otherwise using the Free Edition. By
downloading, installing, using, or otherwise accessing the
Free Edition, you acknowledge that you have read this
Agreement, that you understand it, that you agree to be bound
by its terms and conditions. If you do not agree to the terms
and conditions of this agreement, promptly exit this page
without downloading and/or using the Free Edition.
-
The Free Edition is licensed, and not sold to you. To become a
lawful user of the Free Edition (a lawful "User"), you must
always operate within the limitations provided in this Licence
Agreement. This Free Edition is provided under the following
license which defines what a User may do with the Free Edition
and contains usage restrictions and limitations on warranties
and/or remedies.
2. PRECONDITIONS TO ACCESSING AND USING THE FREE VERSION
-
To be granted a licence to use the Free Edition in accordance
with the licence granted at clause 3 below, a potential user
must meet the following preconditions:
-
For Individuals: An individual may only be permitted to
use the Free Edition if they earn less than USD $30,000
annually (the "Individual’s Maximum Threshold"). RP
considers the Individuals Maximum Threshold to be
inclusive of Your salary when calculated annually that you
currently earn, even if you only started earning that
salary recently.
-
For Companies: If you are applying as a company, as a
partnership, or any other entity, that entity must have an
annual turnover less than $30,000 USD (the "Corporate
Maximum Threshold"), and none of that entities directors
or employees can be earning over the Corporate Maximum
Threshold, whether via the applicant entity or as an
individual.
-
If at any time a User earns above the applicable Threshold,
that User will no longer be eligible to use the Free Edition
and must purchase the Marketplace Edition from the Marketplace
here.
3. NATURE OF THE LICENCE AND ATTRIBUTION
-
Subject to the preconditions listed at clause 2a), RP grants
you a limited non-exclusive license to use the Free Edition in
accordance with the terms of this Licence Agreement. All
rights not expressly stated herein are reserved by RP, and RP
disclaims any and all implied licenses. The copyright and all
other rights to the Free Edition a will remain with RP.
-
The Free Edition does not include source code access, and
comes with no support of any kind or nature. RP cannot assist
Users diagnose issues, resolve bugs or implement features, and
disclaims any obligation or liability on the part of any third
party to provide support or other services to the User. Free
Edition Users cannot access the Plugin support channel in the
Discord. To obtain access to the Plugin source code (whether
to modify it or for debugging), you will need to purchase a
license for the Marketplace Edition.
-
Use of the Free Edition requires attribution. In any software
incorporating the Free Edition, there must be a credit
supplied somewhere in your product (such as a license file or
credits screen) that you are using the EOS Online Subsystem
plugin.
4. GRANT OF LICENCE
-
RP grants the User a non-exclusive revocable licence to
install and use the Free Edition on a single computer (or
mobile device) or network, for personal use of the Free
Edition in accordance with this Agreement.
-
The User acknowledges that RP owns all right, title and
interest, including without limitation all intellectual
property rights, in and to the Plugin and that a User does not
acquire any right, title or interest in or to any version of
the Plugin, except the limited license expressly set forth in
clause 4 a) above.
5. LIMITATION OF LICENCE
You must not:
-
make copies of the Free Edition except as expressly permitted
in this Agreement;
-
translate, reverse engineer, decompile, or disassemble the
Free Edition;
-
remove or alter any copyright, trademark or other proprietary
rights notices contained in the Free Edition or any other RP
content;
-
rent, lease, loan, sub-license, distribute, assign, or
transfer the Free Edition unless incorporated into a
third-party software product and in accordance with the
limitations of the licence granted in this Agreement;
-
use the Free Edition for any unauthorized purpose, or in
violation of any applicable laws and/ or regulations; or
-
modify the Free Edition or merge all or any part of the Free
Edition with another program without binding that User's
customers to the same terms as contained in this Licence
Agreement. For the avoidance of doubt, this means that a User:
-
cannot commercially distribute a work incorporating the
Free Edition in the Marketplace, as the Marketplace usage
rights, and the Free Edition license restrictions are
incompatible. All commercially distributed works
incorporating the Plugin must be using the Marketplace
Edition.
-
must cease to distribute or make available any work that
incorporates the Free Edition, if that User no longer
satisfies the preconditions of the Free Edition licence
listed at clause 2a).
6. TERM AND SERVICE
This License will continue for as long as you use the Free
Edition. However, this License will terminate automatically
without notice from RP if you fail to comply with any of its
terms or conditions (including preconditions). Upon termination
you must immediately cease using the Free Edition and remove the
Free Edition from your computer (or mobile device), and cease to
distribute any work incorporating the Free Edition. The
Limitations of Warranties and Liability set out below will
continue in force even after any termination.
7. LIMITATION OF WARRANTIES AND LIABILITY
-
The Free Edition 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 Free Edition
and for the use of any third-party website or service, and RP
disclaims all liability for any loss, injury or damage
resulting from use of the Free Edition and any third-party
website, whether direct or indirect.
-
In no event will RP 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. RP's
total aggregate liability with respect to its obligations
under this agreement or otherwise with respect to the Free
Edition 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.
-
Nothing contained in this Agreement shall purport to govern or
change, in any way, your relationship with any third party
(including Epic Games) under applicable agreements, including
any terms of use or any other applicable agreement.
8. INDEMNITY
The User agrees to indemnify and hold harmless RP, and its
subsidiaries, affiliates, officers, agents, and employees,
licensors, and partners, from and against any third party claim
arising from or in any way related to the Users use of the Free
Edition, 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. 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.
Each User agrees to be bound by the laws of that state.
10. PRIVACY
The RP Privacy Policy in respect of the use of this Free Edition
can be found at:
https://redpoint.games/privacy-policy/.