End User Licence Agreement

This End User Licence Agreement (or EULA) is a legal agreement between you and gameDNA Ltd, governing your rights and obligations in relation to our Content. By purchasing or downloading our Content from a Store, you accept the terms of this EULA. In this EULA, certain words and phrases have the meanings given below.

Content means a digital content that we offer for purchase through a Store.

Project means any Unreal Engine project (which will always be covered by your licence), or any other product or production that we agree with you in writing as being covered by your licence.

Store means the gameDNA Store, Unreal Marketplace, Fab.com, GitHub, or any other store where we offer Content for purchase or download.

Your Team means all employees, contractors and other collaborators working in a technical or creative role on any one or more Projects that incorporate the licensed Content, excluding anyone working solely as a producer or project manager, or solely on music or audio.

We/Us/Our means gameDNA Ltd, a company registered in England and Wales with company number 10818899 and registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.

You means the individual or organisation who purchases or downloads Content through a Store.

Generative AI Programs means artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content, including but not limited to audio, visual, or text-based content.

Your licence entitlements

When you purchase a Content from a Store, you are purchasing a licence to the Content. We retain all intellectual property of the Content, but the licence gives you the entitlements outlined below, with certain restrictions that depend on the type of licence purchased.

Subject to the restrictions below, once you have paid the purchase price specified in the Store or agreed with Us in writing, your licence entitles you:

  • to incorporate the Content into Projects produced under your direct control,
  • to publish, distribute, transmit, broadcast, communicate, show, and play the Content as incorporated into those Projects,
  • to adapt the Content for the purpose of doing any of the above, and to do any of the above with the Content as so adapted,
  • to authorise third parties to do any of the above, but only in relation to Projects produced under your direct control.

All licences are non-exclusive, non-transferable, non-sublicensable, royalty-free, perpetual, and cannot be terminated except as stated in this EULA.

Modifying a Content does not mean you own that Content, or that you can do anything with that Content beyond what is specifically allowed in this EULA.

You may distribute Content incorporated in object code format only as an inseparable part of a Project to end users. The Project must not contain any Content in uncooked source format.

Licence tiers

Content may be offered at different licence tiers, and before completing a purchase you may be required to select between an Indie tier, a Pro tier, and an Ultimate tier (each a “Licence Tier”). The Licence Tier you select will, as explained in this EULA, have an impact on what licence you are granted to the Content.

You are only eligible for an Indie tier (or Pro tier) if, at the time of the purchase you, together with any controlling entity and other entities under common control with you, have not generated more than $100,000 USD ($1,000,000 USD for Pro tier) in gross revenue from commercial activity in the last 12 months. For purposes of the revenue calculation, revenue includes any advances received or other funds raised. Indie tier includes three seats for your Team and Pro tier includes ten seats for your Team. You must purchase appropriate licence to give you at least as many seats as there are people in your Team, taking the highest count at the time of purchase or any time afterwards. Ultimate tier includes unlimited seats and has no revenue restrictions. If you complete a purchase for a Licence Tier you are not eligible for, you must, upon request, pay Us the remainder of what you would have owed had you purchased a Licence Tier you were eligible for.

Indie and Pro tiers grant you access to Support, Downloads, and Updates for one year. Ultimate tier grants you access to Support, Downloads, and Updates until the end of the life of Content.

Licence restrictions

  • You must not share the source files of any Content outside your Team. You can allow your contractors to access the source files while they are working for you, but you must ensure they delete all their copies when they finish their engagement.
  • You must not attempt to reverse engineer, decompile, translate, disassemble, or derive source code from Content.
  • You must not sell, rent, lease, or transfer Content on a “stand-alone basis” (Project must reasonably add value beyond the value of the Content, and the Content must be merely a component of the Project and not the primary focus of the Project).
  • You must not use Content in violation of applicable law.
  • You must not use Content in any manner which violates the rights of a third party.
  • You must not remove, disable, circumvent, or modify any proprietary notice or label included in Content.
  • You must not except where explicitly allowed by this EULA, collect, aggregate, mine, scrape, or otherwise use any Content for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy.
  • You must not collect, aggregate, mine, scrape or otherwise use Content in datasets utilized by Generative AI Programs, in the development of Generative AI Programs, or as inputs to Generative AI Programs.

Account

In order to access and download the Content, you must first set up an account with Us, which will be governed by gameDNA’s Terms of Service.

Support, Updates, and Downloads

Access to Support, Updates, and Downloads for purchased Content is given throughout the licence validity. If your licence has expired and you wish to get these services, you must renew your licence, or purchase a new licence for the Content. If you decide not to renew the licence, you can continue to use legally acquired Content in accordance with this EULA. However, please note that you won’t be able to re-download the Content, so it’s essential to maintain backups on your own.

Audits

You must provide Us with access to your records relating to the number of individuals in your Team and your use of any Content, as reasonably requested by Us from time to time for the purpose of auditing your compliance with this EULA. We will give at least 5 days’ notice of any request, and will not make more than one request in any six month period. We will keep confidential any information we acquire through these audits, and will use it only as necessary to enforce our rights in connection with this EULA.

Chargebacks

If your payment for a licence is subject to a credit card chargeback, meaning we’re forced to refund all or part of what we’ve received for the purchase, your licence will automatically be cancelled unless you pay Us the difference within 10 days.

Termination

If you commit a non-trivial breach of this EULA, and have not remedied the breach within 30 days of Us requesting a remedy in writing, we may give notice to you terminating any one or more licences that we have granted you in relation to any Content.

Other restrictions

You must not represent to anyone that you own or have created the Content. You must not claim to be affiliated or in collaboration with Us. You must not use or share our Content except as expressly permitted by this EULA. Except as expressly permitted by this EULA, you must not use our name, logo or other media in connection with any product, service or production.

You must indemnify Us

To the maximum extent permitted by law, you agree to indemnify Us, our employees and agents against any third party claims or proceedings based on or arising out of your use of or other dealings with the Content or your violation of this EULA. This includes indemnifying against all losses, costs and expenses (including legal fees) arising from those claims or proceedings.

Governing law and courts

This EULA is governed by the laws of the United Kingdom of Great Britain and Northern Ireland. We may enforce our intellectual property rights and the terms of this EULA in any court that has jurisdiction over you. You agree that any claim or proceedings against Us can only be brought in the courts of the United Kingdom of Great Britain and Northern Ireland.

Our warranties and liabilities are limited

To the maximum extent permitted by law, the Content is  provided “as is” without warranty of any kind. We disclaim all representations, promises, or warranties, whether express, implied, statutory, or otherwise, with respect to the Content, including their condition, availability, or the existence of any latent defects, and we specifically disclaim all implied warranties of merchantability, title, non-infringement, suitability, and fitness for any purpose. We do not warrant that the Content will be error-free or that they will be able to be used without interruption.

In no event will our liability to you arising out of or in connection with any Content exceed the price paid by you for your licence(s) to those Content.

To the maximum extent permitted by law, you agree that we are not liable to you for any indirect, special or consequential loss or damage caused or contributed to by Us or the Content, regardless of whether your claim is based on contract, tort (including negligence), equity or any other legal theory.

Privacy

Your privacy is important to Us. Please review our Privacy Policy. It describes how we may collect, use, and share information when you use Content.

Changes to this EULA

We can change this EULA at any time, by making a new version available through the relevant Store. However, our changes will not affect your rights under any licences that you have already purchased.