Fab's EULA, licences and academia

Hi,

I work for a french, public university, in a research lab where we use Unreal to create immersive simulations, which are used for academic purposes to study people’s behavior (e.g., driving simulator studies). We relied a lot on the Marketplace, and now we have trouble figuring out what licence we should buy under Fab’s new rules.

Basically, this boils down to:

have not generated more than $100,000 USD in gross revenue from your commercial activity in the digital content industry in the last 12 months

Our legal team doesn’t know what to make of that. First, “digital content industry” isn’t a clearly (legally) defined term, so as a university, we have trouble figuring out which part of our activities would fall under that umbrella. Second, depending on what that category actually encompasses, most (well, all) of that revenue would actually have nothing even close to related to Unreal (the Unreal related commercial revenue is exactly $0).

Since our legal team can’t ascertain the “licence” question, we’re kind of stuck in limbo. The default would therefore be to purchase “Professional” licences, but any clarification on that point would be really helpful.

On that subject, I might also point out that Unreal’s EULA is actually much clearer, and passed our legal review without issue, as it contains explicit sections for a) non-commercial (6.b.iii) and b) educational (6.b.ii) uses.

I tried getting in touch with multiple departments at Epic on this topic (legal, Fab), but all enquiries failed to get any answer.