Do I need an agreement with NVIDIA (since I use Unreal and Unreal includes NVIDIA SDKs)

[Micah.Art]

Background:
I used Unreal Engine 4.27 to build a demo project.
(Just using the standard tools and Blue Prints)

As I build the game for Windows I see several third party binaries such as OpenVR but also from NVIDIA. (GeForceNow, NVaftermath and PhysX3)

We are required to respect the licenses of the third party components and most of them were super simple since the components were Open Source or using Apache License but it got a little tricky with NVIDIA.

Under the Unreal installation folder we can find the license terms for the 3rd party components. (Under the UE_4.27\Engine\Source\ThirdParty\Licenses)

If we look at the license terms files for NVIDIA we have

1. Nvidia_Geforce_NOW_SDK_License.txt
2. NvidiaGameworks_License.docx

The Geforce_NOW one states that
“Any use, reproduction, disclosure or distribution of this software and related documentation without an express license agreement from NVIDIA CORPORATION is strictly prohibited.”

Question 1:
Even though I used just the standard tools, but since the build outputs GeForceNowFolder that includes GfnRuntimeSdk.dll does it mean that I now have somehow “used” the NVIDIA GeForceNow SDK and I need to enter into some kind of agreement with NVIDIA?

Question 2:
If yes to question 1, does anyone have an idea how to do that please?

[penboack]

I wouldn’t worry about it.
It is likely covered by your agreement with Epic Games.
Unless you are a AAA studio you really shouldn’t be worrying about this sort of thing, otherwise you’l lneed to set up a legal department

[dorusoftware]

@penboack

It is likely covered by your agreement with Epic Games.

you are correct as stated by this license page

Unreal Engine EULA

there are unlicensed stuff in the engine but those are located in the folder “/Engine/Extras/ThirdPartyNotUE/” so the rest of the code should be covered by the unreal license.

[Micah.Art]

Thank you guys, so great to have your replies.
I checked the Unreal Engine EULA, and the text specific to this is:

The Licensed Technology incorporates and is bundled with code developed by third parties 2(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."

What makes this confusing is that the Nvidia_Geforce_NOW_SDK_License.txt is actually under the above mentioned directory.

So even though it is part of the licensed technology, we still unfortunately need to consider what they say since the Unreal EULA says that: “If Third Party Software is incorporated in the Licensed Technology and is subject to additional license terms…”

I also send a question about this to two places at NVIDIA but no replies sofar.

[dorusoftware]

@Micah.Art

The Licensed Technology incorporates and is bundled with code developed by third parties 2(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

you are reading that license wrong. read the whole paragraph. the software that IS NOT in the “ThirdPartyNotUE” is licensed to be used with the engine. unreal has a deal or something with these people to use that software and because of the fact unreal gives you a license to use unreal you are covered for those third party pieces of software.

what you CAN’T do is take ONLY those pieces of software an use them outside the unreal engine terms as standalone stuff and if someone ask you about that you can’t argument that you’ve got them from unreal.

“ThirdPartyNotUE” those are the pieces of code where you need to figure it out if you have the rights to use them or not.

you are making this too difficult, there is no news of nvidia going out legally against unreal engine users. that will be ridiculous. even if they don’t have a cut from unreal for using their software in the engine they benefit from people buying cards to make the engine run.

[Micah.Art]

Big thanks again dorusoftware for your reply.
You can be very right that I make it a little too complex

I found several other people asking a similar type question.
There was one discussion between a user and lawyer from Epic, which was interesting.

Licensing distributables with default third party plugins

Hello world, I have been working on a little indie project for over a year now and would like to make it commercially available. Just need to complete the licensing requirements to be distributed along with the release. My project has the default 4.18 plugin set (minus vr and ar). When i package it, under “\engine\binaries\thirdparty” i get the following nvidia\nvaftermath ogg PhysX Vorbis Windows\directx I could really use some guidance on how to proceed from here in regards to what lice…

To summarize, Basically the discussion was that you need to:

1. add some extra language to your EULA or Credits to cover requirements from 3rd party licenses

but just like you mentioned there does not seem to be a need to make a agreement with NVIDIA for example (since this is covered with the agreement Epic/NVIDIA has)

The Lawyer also pointed to “shipping checklist” available at:
Release and Royalty Tracking Guidelines - Unreal Engine

Which said a following related to 3rd party software
“If your product uses any third-party software, review the respective license agreements and provide notice to your end users if required.”