This is maybe a weird question but, do I have to add my Name/Company Name in [Licensor]. And what is meant by [Agreement]?
The Example EULA:
Disclaimers and Limitation of
Liability[Product Name] includes the Unreal®
Engine code and other code, materials,
and information (the “Epic Materials”)
from Epic Games, Inc. (“Epic”). All
Epic Materials are provided on an “as
is” and “as available” basis, “with
all faults” and without warranty of
any kind. [Licensor], Epic, and Epic’s
affiliates disclaim all warranties,
conditions, common law duties, and
representations (express, implied,
oral, and written) with respect to the
Epic Materials, including without
limitation all express, implied, and
statutory warranties and conditions of
any kind, such as title,
non-interference with your enjoyment,
authority, non-infringement,
merchantability, fitness or
suitability for any purpose (whether
or not Epic knows or has reason to
know of any such purpose), system
integration, accuracy or completeness,
results, reasonable care, workmanlike
effort, lack of negligence, and lack
of viruses, whether alleged to arise
under law, by reason of custom or
usage in the trade, or by course of
dealing. Without limiting the
generality of the foregoing,
[Licensor], Epic, and Epic’s
affiliates make no warranty that (1)
any of the Epic Materials will operate
properly, including as integrated in
the [Product], (2) that the Epic
Materials will meet your requirements,
(3) that the operation of the Epic
Materials will be uninterrupted, bug
free, or error free in any or all
circumstances, (4) that any defects in
the Epic Materials can or will be
corrected, (5) that the Epic Materials
are or will be in compliance with a
platform manufacturer’s rules or
requirements, or (6) that a platform
manufacturer has approved or will
approve this [Product], or will not
revoke approval of this [Product] for
any or no reason. Any warranty against
infringement that may be provided in
Section 2-312 of the Uniform
Commercial Code or in any other
comparable statute is expressly
disclaimed by [Licensor] and Epic.
[Licensor], Epic, and Epic’s
affiliates do not guarantee
continuous, error-free, virus-free, or
secure operation of or access to the
Epic Materials. This paragraph will
apply to the maximum extent permitted
by applicable law.To the maximum extent permitted by
applicable law, neither [Licensor],
Epic, Epic’s licensors, nor its or
their affiliates, nor any of
[Licensor’s] or Epic’s service
providers, shall be liable in any way
for loss or damage of any kind
resulting from the use or inability to
use the Epic Materials or otherwise in
connection with this [Agreement],
including but not limited to loss of
goodwill, work stoppage, computer
failure, or malfunction, or any and
all other commercial damages or
losses. In no event will [Licensor],
Epic, Epic’s licensors, nor its or
their affiliates, nor any of
[Licensor’s] or Epic’s service
providers be liable for any loss of
profits or any indirect, incidental,
consequential, special, punitive, or
exemplary damages, or any other
damages arising out of or in
connection with this [Agreement] or
the Epic Materials, or the delay or
inability to use or lack of
functionality of the Epic Materials,
even in the event of [Licensor’s],
Epic’s, or Epic’s affiliates’ fault,
tort (including negligence), strict
liability, indemnity, product
liability, breach of contract, breach
of warranty, or otherwise and even if
[Licensor], Epic or Epic’s affiliates
have been advised of the possibility
of such damages. These limitations and
exclusions regarding damages apply
even if any remedy fails to provide
adequate compensation.Because some states or jurisdictions
do not allow the exclusion or the
limitation of liability for
consequential or incidental damages,
in such states or jurisdictions, the
liability of [Licensor], Epic, Epic’s
licensors, its and their affiliates,
and any of [Licensor’s] or Epic’s
service providers shall be limited to
the full extent permitted by law.