Disclaimers and Limitation of Liability
[Product] 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.
Yes, that’s what it’s for. But… of course you need to put something in the variables [Licensor], [Product] and [Agreement]
Hey there @MrVindur! Welcome to the community! So as Clockwork mentioned, yes this is intended to be used as a quick and easy basic EULA once you fill it out, however depending on your jurisdiction, what market your product services, and possibly if you store any user data, you may have to include more than this to comply with some countries’ regulations. If running a game of sufficient scale it’s always recommended to have a lawyer draft more, though for small games, especially those without any multiplayer or dealing with user data, this is more than sufficient in most cases.
Thanks!
Honestly the content of this text has very little to do with an end product (game) being sold by you. In short, it’s more fitting for the marketplace where EPIC puts your products on display and EPIC protects itself by saying “we are not responsible for anything anyone other than EPIC puts online here”. You can’t sell your own software saying “if there’s a virus in here you can’t sue me” if you are responsible.
Think of it like this: It’s an agreement you present to a user (player of your game) which is only limited by law. If there happens to be a virus in your software, or if you damage another company indirectly by for example presenting Mario in inappropriate ways then such text does not in any way protect you from being sued, or for doing something illegal.
If the game is not online and not collecting data from users then things will be easier. Otherwise you’d have to set up a privacy policy, protect user data, and make sure your method of collection is legal. For example, laws vary when you collect data from adults or children.
I advice setting up a basic document yourself, then passing that to a lawyer for the final checks.
It’s obvious what goes in place of [Licensor] and [Product], but what would [Agreement] be replaced with? ‘EULA’?
No, this IS the EULA. I think you can just put ‘this agreement’.