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UE3 Home > Unreal Engine 3 Basics > UDK Frequently Asked Questions

UDK Frequently Asked Questions

UDK Frequently Asked Questions

Please Note!

The UDK is no longer supported by Epic Games, and the information displayed below may be out of date. For current UDK information, click here.

To develop with the latest Unreal Engine technology, please click here.

General

Q: What is UDK?

A: Unreal Development Kit (UDK) is the free edition of Unreal Engine 3. The same tools used to create games like Epic's award-winning "Gears of War" and "Infinity Blade" games ship with UDK.

Q: What kinds of games and applications can be made with UDK?

A: UDK is the perfect solution for any kind of virtual world you wish to create, from racing games to simulations. Visit our Showcase to see some of the amazing creations our users have authored with UDK.

Q : How much does UDK cost?

A: It’s free to use UDK for noncommercial and educational use. Commercial licensing terms are available at www.unrealengine.com/previous-versions/udk-licensing-resources and there is also a Licensing FAQ.

Q: What operating systems are compatible with UDK?

A: The development environment for UDK runs on Windows PC. It's currently possible to create executables for Windows PC and iOS.

Q: What iOS devices are currently supported by UDK?

A: iPhone 4, iPhone 3GS, iPad, iPod touch 4th generation, iPod touch 3rd generation (except for 8 GB 3rd generation devices.)

iOS devices must have at least iOS 3.2 or later installed in order for Unreal Engine 3 to run. If you have an older device, or a device with an unsupported version of iOS installed, then you will not be able to run your application. Also note that certain features are only available with some combinations of device and iOS versions. For example, iOS 4 or later is required for multisample antialiasing.

Q: Is Mac hardware necessary to develop for the iPhone?

A: Mac hardware is not required to develop iOS applications with UDK. Submitting iOS applications to the App Store requires Mac hardware.

Q: Will UDK be updated in the future?

A: Not anymore. The UDK received regular updates for many years, but all development has now switched over to the Unreal Engine 4.

Q: What are the minimum requirements for UDK?

A: Here are the minimum and recommended requirements...

Minimum:

Windows XP SP3 (32-bit only), Windows Vista, or Windows 7
2.0+ GHz processor
2 GB system RAM
SM3-compatible video card
3 GB free hard drive space

Licensing

* For current licensing-related information, please see the UDK licensing page.

Q: Is UDK really free for me to use?

A: Absolutely. Download UDK, create your project and distribute it completely free of cost.

Q: Can universities, high schools, faculty and students use UDK for free?

A: Educational institutions can use UDK under our "FREE for educational and non-commercial use" policy, even though they're charging tuition, and we'd love to have you teaching Unreal Engine 3 as well. No license is required for faculty or students.

Your students are encouraged to use UDK inside or outside of school to learn game development and for any other non-commercial purposes.

If a student, for example, decides he wants to sell a game he made as a school or hobby project he is welcome to do that as well. He would need to purchase our $99 license and then pay us royalties of 25% of his earnings after the first $50,000 he makes.

Q: If I or my company makes more than one UDK based game or commercial application do I need a new commercial license at $99.00 each for each product?

A: No. You or your company will only need one commercial license to cover all the UDK based games or commercial applications you develop.

Q: Can I release a UDK game as open source?

A: The rights to develop and release a game for free are contained in the end-user license agreement (EULA). The EULA is also the license that governs the release of your game as it's built on UDK. You can't release your UDK project under terms other than the UDK EULA (like GPL, LGPL, open source, etc.). You don't have the right to encumber the UDK with terms that we have not already granted to you.

Q: How does this differ from an Unreal Engine 3 license?

A: The primary difference is that UDK does not include Unreal Engine 3 C++ source code access. UDK ships with all the UnrealScript code and Unreal Engine tool integrations as the commercial version of Unreal Engine 3, offering all the same features the pros use.

The tools and technology are the same however a "full" license includes the underlying C++ source code to the engine and tools, which allows licensees to make virtually any change they want and potentially ship their game on consoles provided they're licensed by the console manufacturer.

Both UDK users and traditional Unreal Engine 3 commercial licensees have access to all UnrealScript source code. UnrealScript is comparable to a programming language like Java in terms of features and performance (byte-compiled), with features designed to simplify game development, e.g., state scoping of functions, automatic serialization, simple system for defining networking replication of properties and remote functions, etc.

There are tons of great materials and support avenues for UDK users, including the two new "Mastering Unreal Technology" books from Sams, hundreds of pages of support items on our Unreal Developer Network , UDK Community Forums, and hundreds of hours of free video tutorials from the folks at 3D Buzz with a whole bunch more tailored specifically to getting started with UDK in the works right now.

Full UE3 licensees also get direct support from Epic's engineers who write UE3 code.

Q: Can Kickstarter or other crowd funding be used to fund games made with UDK? Is a license required?

A: Yes, crowd funding is perfectly acceptable with UDK games; however, a $99 commercial UDK license is required and all revenue earned through the crowd funding is subject to the standard UDK royalty.

Business and Legal

Q: Is it possible to create custom plug ins or tools for the engine?

A: Absolutely. No addition license is needed. If you reference the Unreal Development Toolkit or UDK by name you must make sure any Epic gets appropriate legal attribution* and the work is clearly labeled "not endorsed by Epic Games"

* Unreal Development Kit (UDK) © 2009, Epic Games, Inc. Epic, Epic Games, Gears of War, Gears of War 2, Unreal, AnimSet Viewer, AnimTree Editor, Unreal Cascade, Unreal Content Browser, Unreal Development Kit, Unreal Editor, Unreal Engine, Unreal Kismet, Unreal Lightmass, Unreal Matinee, Unreal PhAT, UnrealScript and Unreal Tournament are trademarks or registered trademarks of Epic Games, Inc. in the United States of America and elsewhere. All other trademarks are the property of their respective owners.

Q: Could I set up a website and put games onto it, but not sell the games, just make money through ad sense?

A: Collecting revenue from ads on a site designed as a portal to your UDK based games doesn't make your games free. It just acts as a proxy to direct revenue collection from your UDK applications. If you are collecting ad revenue as a proxy to collecting direct revenue from the game you will require a commercial license and Epic is due a royalty.

Q: In what intervals are the royalties checked? monthly? quarterly? yearly?

A: Quarterly, no later than 45 days after the end of each calendar quarter.

Q: Teams out there have made total conversion mods for UT3. Could those teams now move their files over to UDK and export a stand-alone game?

A: This is already happening - see The Ball, Prometheus, and soon The Haunted. Note that these mods do not use Epic's UT3 assets. They are built entirely with custom assets.

Q: Can we use SpeedTree models compiled by the SpeedTreeModeler freely in our game, or we have to pay SpeedTree for that?

A: You are free to use the Speedtree models included in the UDK in your UDK application.

Q: What's the definition of ""release UDK code""? Is using udk code, eg extends a class from UTGame, included? Or it's only prohibit publishing UDK source code?

A: This means you cannot release your UDK application (code and content) under terms that we did not grant you. For example, you may not release your UDK application into open source or under a GPL, LGPL type license as we do not convey the rights to you to do so.

Q: ""...under a license that is not from Epic Games"" Does that mean if you do obtain license from Epic Games, (eg, the 25% royalty commercial license of UDK), you can freely use the content packaged with UDK?

Q: Console Games?

A: The UDK currently only supports PC: Windows. We are reviewing various platform options. We're keen to support consoles with the UDK but will require support from the console manufactures. The only licenses we have to support Xbox 360 and PS3 development at this time are our full source licenses.

Q: I just want to be clear on the royalty side: 25% is on Net earnings by the developer, correct? Not Gross sales on portals I hope.

A: The 25% royalty is calculated on the revenue the UDK licensee receives by commercializing their UDK application. It will be defined in the Commercial Amendment to the EULA to "includes, but is not limited to, revenue earned from: sales, advertisements, sponsorships, endorsements, subscription fees, microtransactions, in-game item or service sales, rentals, pay-to-play, services you sell or are remunerated for in connection with the use of your application and amounts a third party pays You to develop or use the application."

Q: Architectural Visualization Info

A: Go for it. Please refer to the license terms here (http://udk.com/licensing.html) for the appropriate license if you are going to develop architectural visualizations for commercial gain.

Q: If a royalty bearing license is purchased, will I then be able to access the red links in the UDK Documentation Section?

A: No. The red links are for source licensees only. The red links contain information that is either confidential, or (in the majority of cases) is only relevant to a licensee with source code access. We've already made a large number of UDN documents public as a result of user feedback. Please post a request in the Documentation forum if there is a specific document you would like to see made public.

Q: Does a commercial UDK license agreement include access to documentation on UDN that requires a login?

A: The areas of UDN that require a login are for Unreal Engine 3 source code licensees only. This information does not pertain to the UDK.

Q: If an indie dev makes a successful game and sells a lot of copies. Can they always buy a professional license and avoid the 25% Royalty. (i.e. if it proves cheaper). Or does the UDK use bind the current project to the UDK license terms?

A: Of course, we are happy to discuss full source licenses with you

Q: Sinsoft hosts ads on sinsoft.com (and maybe sinsoft.net), but the ads have nothing to do with the UDK. In other words, they are ads on our main website. Does ad revenue share refer to ads being displayed inside the game engine (i.e related to UDK)? or any ad revenue?. Does Ads on websites relate to UDK? What is UDK related ad revenue mean?

A: If you are collecting ad revenue as a proxy to collecting direct revenue from the game you will require a commercial license and Epic is due a royalty.

Q: How is revenue calculated for the purpose of calculating the UDK royalty?

A:Your UDK royalty is only calculated on revenue you receive. If your UDK app generated $100.00 of retail or online sales but you are paid only 70% due to a 30% distribution fee your UDK royalty is calculated on the $70.00 you actually received.

Q: If I make a .udk level file, which contains no UT3 assets but only custom made content by me, I'm not allowed to share that .udk file with anyone else?

A: There is nothing in the UDK EULA preventing you from freely sharing your custom, original work with others.

Q: Can we create a game extending from UTGAME code and sell it for commercial purposes or is this considered part of the "assets" of the UDK that they do not want us to use?

A: UTGame script code is not considered part of the restricted asset set. You may freely use it in your UDK application as you see fit.

Q: If I port my UT3 total conversion mod into UDK successfully, but my custom weapon's code is largely identical to that of the Translocator from UT3, is it still legal for me to release my UDK game as a free non-commercial download or does that still violate the EULA?

A: UTGame script code is not considered part of the restricted asset set. You may freely use it in your UDK application as you see fit.

Q: Are you allowed to release a free UDK game based on intellectual property you don't own or have rights to? For example lots of people make mods based on Star Wars with no problems, but would releasing one through the UDK be allowed?

A: We strongly advise against anyone violating another's intellectual property rights with their UDK application. If you have any questions about this issue we also strongly advise you seek the advice of a qualified intellectual property attorney.

Q: Can we begin making professional quality video training for the Unreal Development Kit, and sell the videos, for profit - using only the free version of the UDK?

You may create “unofficial” UDK documentation provided the following: a Your content is new and original. b You do not republish content from licensed sources, e.g. the Mastering Unreal Technology books from Sams and 3D Buzz. c You do not republish content available at Epic Games’ web sites, including UDN. d You give appropriate legal attribution to Epic Games’ trademarks* and clearly cite your work as "not endorsed by Epic Games." e You abide by the UDK end-user license agreement (EULA).
You may give away or sell unofficial documentation without a license from Epic.
Epic does not charge a royalty fee for unofficial documentation.

Unreal Development Kit (UDK) © 2009, Epic Games, Inc. Epic, Epic Games, Gears of War, Gears of War 2, Unreal, AnimSet Viewer, AnimTree Editor, Unreal Cascade, Unreal Content Browser, Unreal Development Kit, Unreal Editor, Unreal Engine, Unreal Kismet, Unreal Lightmass, Unreal Matinee, Unreal PhAT, UnrealScript and Unreal Tournament are trademarks or registered trademarks of Epic Games, Inc. in the United States of America and elsewhere. All other trademarks are the property of their respective owners.

Q: Can I release a noncommercial game that uses any of the assets included with UDK?

A: Yes. You can use any assets included with UDK for a noncommercial game.

Q: Can I release a commercial game that uses any of the assets included with UDK?

A: Yes, with one exception. You may not release anything marked as a SkeletalMesh in the Content Browser in a commercial UDK application.

Q: I’ve developed a UDK game I wish to sell via Xbox LIVE®, PLAYSTATION® NETWORK and/or on the PC. What's the next step?

A: Commercial release on the PC is already covered and we've got great terms at www.udk.com/licensing for those who want to sell games created with UDK for PC. The UDK does not currently support the Xbox 360 or the PS3.

Console is a little more complicated because you need to be licensed by the console manufacturers before you can get a development kit, which involves a concept submission and (hint, hint!) UDK would be great for proving your worth in the concept submission stage.

If you can get through that step we're more than happy to talk with you about making a full source code license available under great business terms.

Q: Can we change the static UDK splash screen in our UDK apps?

A: Only approved UDK logo versions may be used (located here: http://udn.epicgames.com/Main/TrademarksAndLogos.html) for the splash screen. If a situation arises where alterations are needed for the static UDK splash screen, please submit materials to be approved in PDF format by email to Epic's marketing dept contact – Dana Cowley (dana.cowley@epicgames.com). Please allow sufficient time for Epic to review and respond. A failure by Epic to respond does NOT indicate approval. You must receive actual approval from Epic games before proceeding.

Q: Can I sell works created using UDK?

A: The short answer is “Yes.” However you need a commercial license. Please view the information at our licensing page.

Q: May I create and/or sell documentation or publications based on UDK?

A: You may create “unofficial” UDK documentation provided the following:

Your content is new and original.
You do not republish content from licensed sources, e.g., the Mastering Unreal Technology books from Sams and 3D Buzz.
You give appropriate legal attribution to Epic Games’ trademarks* and clearly cite your work as "not endorsed by Epic Games."
You abide by the UDK end-user license agreement (EULA).

You may give away or sell unofficial documentation without a license from Epic. Epic does not charge a royalty fee for unofficial documentation.

* "Unreal Development Kit (UDK) © 2009, Epic Games, Inc. Epic, Epic Games, Gears of War, Gears of War 2, Unreal, AnimSet Viewer, AnimTree Editor, Unreal Cascade, Unreal Content Browser, Unreal Development Kit, Unreal Editor, Unreal Engine, Unreal Kismet, Unreal Lightmass, Unreal Matinee, Unreal PhAT, UnrealScript and Unreal Tournament are trademarks or registered trademarks of Epic Games, Inc. in the United States of America and elsewhere. All other trademarks are the property of their respective owners"

Q: Do I need a commercial license to enter my UDK application in a development contest?

A:You may participate in development contests like the Make Something Unreal Contest or Independent Games Festival without a commercial license provided any winnings remain under $100,000.00. If your winnings exceed $100,000.00 (AWESOME!) you will need a commercial license and are required to pay a royalty.

Q: Can I take advantage of Steamworks as integrated into the UDK in a commercial application?

A: No, you must get a Steamworks license from Valve before using Steamworks in a commercial UDK application. Contact Valve for more information at: steamworks@valvesoftware.com

Q: Is there somewhere to get a high-quality UDK logo image?

A: See the UDK Trademarks and Logos page for logo images and usage guidelines.

Support and Community

Q: Who can I contact if I have a question?

A: Your best bet is to visit the UDK forums.

Content Creation

Q: What are the working units of the Unreal Editor?

A: For the working units of the Unreal Editor, as well as common scales, see the following UDN document Unreal Units.

Errors

Q: What does it mean when UDK crashes at start and the log says: BulkDataOffsetInFile and something about Tex2D, a specific texture is declared?

A: Your UDK application might be missing a texture that is referenced in some other asset that is being loaded. Check the log file.

Do you have any other questions?

If you have another other questions that aren't answered here, try searching the documentation, or the UDK forums. Someone else may have already run into the same problems. If you still can't find the answers you're looking for don't hesitate to post your question there.

EULA

UNREAL ENGINE 3 UDK LICENSE TERMS

This End User License Agreement (“Agreement”) is a legal agreement between either you as an individual or the entity you represent (“You” or “Your”), and Epic Games, Inc., a Maryland Corporation located at 620 Crossroads Boulevard, Cary, North Carolina, 27518, U.S.A. (“Epic”). The purpose of this license is to allow You to use the Unreal Engine 3 UDK and any updates thereto provided by Epic (the “UDK”) on the terms set forth below. If You do not agree to the terms of this Agreement, You may not use the UDK.

1. Third Party Software. THE UDK CONTAINS THIRD PARTY SOFTWARE. CERTAIN ADDITIONAL TERMS AND CONDITIONS WITH RESPECT TO SUCH SOFTWARE ARE LOCATED AT THE END OF THIS AGREEMENT. THESE ADDITIONAL THIRD PARTY TERMS AND CONDITIONS ARE MADE A PART OF AND INCORPORATED BY REFERENCE INTO THIS AGREEMENT. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS APPLICABLE TO THE THIRD PARTY SOFTWARE AND THIS AGREEMENT, THE TERMS AND CONDITIONS APPLICABLE TO THE THIRD PARTY SOFTWARE SHALL GOVERN. BY ACCEPTING THIS AGREEMENT, YOU ARE ACCEPTING THE ADDITIONAL TERMS AND CONDITIONS, IF ANY, SET FORTH THEREIN. THE THIRD PARTY SOFTWARE IS ONLY LICENSED FOR USE IN CONJUNCTION WITH THE UDK - ANY OTHER USE IS PROHIBITED.

2. License Grant. Provided that You comply with all terms and conditions of this Agreement, including the License Restrictions in Section 3 below, Epic grants You, for the entire duration of the legal protection of the intellectual property rights of the UDK pursuant to applicable law (subject to Section 7), a limited, personal, non-exclusive, worldwide, non-sublicensable, and non-transferable license to (a) install and use the UDK for the purpose of developing an unlimited number of applications; (b) develop derivative works of the UDK; (c) use derivative works of the UDK developed by You for the purpose of developing an unlimited number of applications; and (d) distribute the applications You develop using the UDK and derivative works of the UDK only in object code form, only as an inseparable part of the applications, and only to end users pursuant to an end user license agreement with terms consistent with and no less protective of Epic’s rights than those contained in this Agreement. This license is being provided to You free of charge.

3. License Restrictions. Epic and its suppliers reserve all rights not expressly granted to You in this Agreement. Unless applicable law gives You more rights despite this limitation, You may use the UDK only as expressly permitted in this Agreement. Thus, You may use the UDK as set forth in Section 2, but You may not:
• use or exploit the following in any way that results in direct or indirect compensation or commercial gain in any form, personal or otherwise, to You or any other party: (a) the UDK (or any portions thereof); (b) derivative works of the UDK (or any portions thereof); or (c) applications which contain any UDK code and/or content; or (d) applications which contain any derivative works of any UDK code and/or content. Notwithstanding the forgoing, entrance of Your UDK Application and acceptance of prize money (in an amount not to exceed $100,000) in a contest (e.g. Make Something Unreal or Independent Games Festival) is permitted;
• use the UDK to develop applications that compete with or could compete with the UDK or any other middleware or game development software produced by Epic;
• reverse engineer or decompile the UDK except and only to the extent that applicable law expressly permits, despite this limitation;
• release any UDK code or content under a license that is not from Epic Games, Inc.;
• use, reproduce, copy, redistribute, encumber, sell, rent, lease, assign, sublicense, transfer rights in, or display the UDK for any purpose other than as expressly stated in Section 2;
• transfer this Agreement to any third party;
• use the UDK to develop cheats, hacks, or similar applications;
• remove or modify any product identification or trademark, copyright, or proprietary notices, legends, symbols, labels, or this Agreement from the UDK, , except that You have the right to change the splash screen, including the right to remove the UDK logo and product identification from the splash screen, but you do not have the right to remove or alter the Powered by Unreal Technology and Bink Video logo videos following the splash screen;
• use any Epic trademarks, logos, trade names, or service marks in any manner (other than keeping trademark notices on the UDK as described in the above bullet point);
• infringe or violate any intellectual property or proprietary rights, or rights or privacy or publicity, of Epic or any third party;
• use the UDK to develop applications that, whether through images, audio, video, or text, are unlawful (such as child pornography); objectionable or offensive under the laws of the country in which you reside, install or use the UDK;
• use the UDK in any way that violates your application’s target platform’s (i.e. Apple, Microsoft, Google, Sony, etc.) guidelines or license agreement(s);
• modify this Agreement, or adopt or use this Agreement (or a modified version of it) as Your own; or
• substitute Your own version of this Agreement in any form or version of the UDK.

4. UDK add-ons. There is no official clearinghouse for UDK add-ons. Add-on software applications are not endorsed by Epic and You use them at your own risk. Epic does not provide instructions for installing add-ons. You may integrate Your add-on software with the UDK and state that your add-on software works with the “UDK™” or “Unreal® Development Kit” only under the following conditions:
• The add-on software application is your own work.
• You do not violate these UDK License terms.
• The add-on does not use the UDK logo in any way, shape or form.
• You must make the required “no endorsement or support” statement visible to your users and on Your website that promotes the add-on: “This product was not developed by, cannot be supported by and is not endorsed by Epic Games, Inc. For more information on Epic Games’ Unreal Development Kit (UDK) please visit www.udk.com.” You may attribute the add-on in the manner You as the author desire without using “Unreal Development Kit” or “UDK” in the add-on’s name. Also, You must not suggest that Epic Games, Inc. endorses you, your add-on or your use of the UDK.
You may not combine the add-on with the UDK to make a single shipping product. You may only make Your add-on available separate from the UDK.

5. Ownership. As between the parties, Epic or its suppliers (as described in Section 1) own the title, copyright, and other intellectual property rights in the UDK, including all derivative works of the UDK. You own the title, copyright, and other intellectual property rights in the applications You develop using the UDK and any derivative works thereof, but ownership of the UDK and derivative works of the UDK, and any portion(s) of the UDK and derivative works of the UDK remains with Epic. You agree that Epic may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies. If the law of Your jurisdiction provides that You shall be the owner of derivative works of the UDK, You are not allowed to make any use of such derivative work without the prior written explicit approval of Epic, except for permitted uses set forth otherwise in this Agreement.

6. UDK Network. To the extent made available by Epic, You may choose to participate in Epic’s UDK Network. You hereby grant to Epic a non-exclusive, fully-paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-terminable, transferable, assignable license for all known types of use to reproduce, distribute, publicly perform, publicly display, make, sell, import, modify and make derivative works based on, and otherwise use and exploit: (a) any and all information, code and other tangible or intangible materials You post to Epic’s UDK Network or otherwise provide to Epic; and (b) any modifications or additions to the UDK that You provide to Epic via the UDK Network or otherwise provide to Epic, including, without limitation, those which are intended to correct errors or other unwanted and unintended conditions that cause the UDK to fail, malfunction or operate in a manner other than as anticipated. Notwithstanding the foregoing, where applicable, Your statutory rights as an author under the law of Your jurisdiction remain unaffected. To the extent perpetual and/or non-terminable licenses are not permitted in Your jurisdiction, the license granted from You to Epic and described in this Section 5 above shall be for the entire duration of the legal protection of the intellectual property rights being granted to Epic pursuant to applicable law.

7. Export. The UDK is subject to U.S. domestic and international export laws and regulations. You must comply with all applicable export laws and regulations that apply to the UDK. The laws include restrictions on destinations, end users and end use.

8. Termination. Without prejudice to any other rights, (a) this Agreement will terminate immediately without notice from the other party if either party fails to comply with any of the terms or conditions of this Agreement, and (b) Epic may terminate this Agreement at any time, upon notice to You. Upon termination of this Agreement, You must cease all use and destroy all copies of the UDK and all of its component parts, and any documentation related thereto. If You breach this Agreement, and Epic decides to take legal action against You, You shall pay for the reasonable costs of Epic’s attorneys.

9. Other Intellectual Property Matters.

(a) In return for the consideration provided hereunder by Epic, You agree not to assert against Epic any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights You may own or control related to any version of the UDK or use thereof.

(b) You agree to indemnify and hold harmless Epic against all costs and expenses (including reasonable attorneys fees and expenses) and all other liability resulting from or related to any claim of patent or copyright infringement, misappropriation, or misuse of trade secrets or other proprietary rights based upon Your use of the UDK, or any portion thereof, in whatever form, or any exercise by You of any rights granted under this Agreement.

10. Entire Agreement; Survival. This Agreement and the terms for supplements and updates that You use, are the entire agreement between You and Epic relating to the UDK and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the UDK or any other subject matter covered by this Agreement. Sections 3, 4, 6, and 9 through 19 (inclusive) survive any termination or expiration of this Agreement.

11. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

12. Governing Law and Jurisdiction. The laws of North Carolina shall govern the interpretation of this contract and shall apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Your state of residence in the United States, or if You live outside the United States, the laws of the jurisdiction in which You reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Wake County, North Carolina, USA for all disputes arising out of or relating to this contract. You further agree that Epic shall be allowed to apply for injunctive remedies (or any equivalent legal relief) in any jurisdiction. For the avoidance of doubt, this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods, which shall not apply to this Agreement

13. Disclaimer of Warranty. The UDK is licensed “as is.” You bear the risk of using it. Neither Epic nor its suppliers give any express or statutory representations, warranties, guarantees or conditions. Epic and its suppliers also exclude all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and non-infringement. Nothing in this Agreement shall affect those statutory rights which You are always entitled to as a consumer and that You cannot contractually agree to alter or waive. The limitations and exclusions of liability do not apply if and to the extent (a) You sustain damages which were caused by gross negligence or willful misconduct of Epic, or (b) Epic violates Your life, body, or well being.

14. Exclusion of Incidental, Consequential, and Certain Other Damages. You can recover from Epic direct damages up to U.S. $25.00 only. You cannot recover any other damages from Epic or its suppliers, including damages for lost profits or data, or consequential, special, direct, indirect or incidental damages. This limitation includes, but is not limited to: (a) anything related to the UDK or services (if any); and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort. It also applies even if Epic knew or should have known about the possibility of the damages. The foregoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of this Agreement. The limitations and exclusions of liability do not apply if and to the extent (a) You sustain damages which were caused by gross negligence or willful misconduct of Epic, or (b) Epic violates Your life, body, or well being.

15. U.S. Government End Users. The UDK and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

16. No Waiver. Any act by Epic to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law, or in equity shall not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

17. No Support. Neither Epic nor its suppliers has any obligation to provide support services for the UDK or any portion thereof.

18. No Assignment. You shall not, without the prior written consent of Epic, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Epic may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

19. Legal Effect. This Agreement describes certain legal rights. You may have other rights under the laws of Your jurisdiction. This Agreement does not change Your rights under the laws of Your jurisdiction if the laws of Your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to You because Your jurisdiction may not allow them in Your particular circumstance. In the event that certain provisions of this Agreement are not enforceable in Your jurisdiction, such provisions shall be enforceable to the further extent possible under applicable law.