Thomas A. Alspaugh
Unreal Engine 3 UDK License Terms (2010 Mar)

Under Construction

March 2010 version.

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Source: UDK Central web site (2011Feb20)

See also the UDK Licensing terms.

The UDK License Terms consists of an initial portion pertaining only to the Epic Games provisions, and third party provisions pertaining to third party components included in the heterogeneously-licensed UDK. Epic Games publishes the initial Epic Games portion at the bottom of their UDK FAQ page, but does not appear to make the full license available except to purchasers, possibly because the set of third party components changes from time to time as UDK evolves. The version here, obtained from a web site for UDK developers, purports to present the entire EULA in its March 2010 state. Its initial portion is largely identical to that published by Epic Games in Feb. 2011.

The license appears to comprise the following component licenses:

# Component License §
Always present
Epic End User License Agreement proprietary license §I
FBX Integration Code license proprietary license §II
Third party components varying from release to release
AMD CPU drivers license proprietary license §III.i
Bink copyright assertion, no license §III.ii
Convex Decomposition MIT license §III.iii
CSHA 1 asserted to be in the public domain §III.iv
DirectX Redistributable license proprietary license §III.v
DL Malloc 2.8.3 license CC public domain declaration §III.vi
DotNetZip 1.8 (and 1.7) link to license — Ms-PL §III.vii
Dual Quaternion Skinning Code license zlib license §III.viii
FCollada link to MIT license §III.ix
JPEG license libjpeg license §III.x
libffi license MIT license §III.xi
LibXML2 license §III.xii
libPNG link to libpng license §III.xiii
Libresample link to license §III.xiv
Mersenne Prime Twister (SSE version) license BSD license, specialized to Hiroshima University §III.xv
Microsoft Visual Studio Redistributable Files license stub of proprietary license §III.xvi
NVIDIA statement that code is licensed, no license §III.xvii
Ogg Vorbis libs link to license (BSD) §III.xiii
GraphViz link to license (EPL 1.0) §III.xix
PhysX SDK NVIDIA CORPORATION NVIDIA PHYSX SDK license proprietary license §III.xx
SpeedTree license proprietary license §III.xxi
TIFF license libtiff license (mis-formatted) §III.xxii
TinyXML zlib/libpng license §III.xxiii
wxWidgets link to license (LGPLv2.1 with exception notice) §III.xxiv
zlib zlib.h license zlib/libpng with two additional paragraphs §III.xxv

Words, repeated phrases.

§IEpic Agreement

§I¶1§I¶1ṣ1This 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). §I¶1ṣ2The 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. §I¶1ṣ3If You do not agree to the terms of this Agreement, You may not use the UDK.

1. §I.1Third Party Software. §I.1¶1§I.1¶1ṣ1The UDK contains third party software. §I.1¶1ṣ2Certain additional terms and conditions with respect to such software are located at THE END OF THIS AGREEMENT. §I.1¶1ṣ3THESE ADDITIONAL THIRD PARTY TERMS AND CONDITIONS are made a part of and incorporated by reference into this Agreement. §I.1¶1ṣ4In 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. §I.1¶1ṣ5By accepting this Agreement, You are accepting the additional terms and conditions, if any, set forth therein. §I.1¶1ṣ6THE THIRD PARTY SOFTWARE is only licensed for use in conjunction with the UDK — any other use is prohibited.

2. §I.2License Grant. §I.2¶1§I.2¶1ṣ1Provided 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

  1. (a) ṣ1.ainstall and use the UDK for the purpose of developing an unlimited number of applications;
  2. (b) ṣ1.bdevelop derivative works of the UDK;
  3. (c) ṣ1.cuse derivative works of the UDK developed by You for the purpose of developing an unlimited number of applications; and
  4. (d) ṣ1.ddistribute 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.

§I.2¶1ṣ2This license is being provided to You free of charge.

3. §I.3License Restrictions. §I.3¶1§I.3¶1ṣ1Epic and its suppliers reserve all rights not expressly granted to You in this Agreement. §I.3¶1ṣ2Unless applicable law gives You more rights despite this limitation, You may use the UDK only as expressly permitted in this Agreement. §I.3¶1ṣ3Thus, You may use the UDK as set forth in Section 2, but You may not:

4. §I.4Ownership. §I.4¶1§I.4¶1ṣ1As 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. §I.4¶1ṣ2You 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. §I.4¶1ṣ3You 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. §I.4¶1ṣ4If 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.

5. §I.5UDK Network. §I.5¶1§I.5¶1ṣ1To the extent made available by Epic, You may choose to participate in Epic's UDK Network. §I.5¶1ṣ2You 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:

  1. (a) ṣ2.aany and all information, code and other tangible or intangible materials You post to Epic's UDK Network or otherwise provide to Epic; and
  2. (b) ṣ2.bany 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.

§I.5¶1ṣ3Notwithstanding the foregoing, where applicable, Your statutory rights as an author under the law of Your jurisdiction remain unaffected. §I.5¶1ṣ4To 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.

6. §I.6Export. §I.6¶1§I.6¶1ṣ1The UDK is subject to U.S. domestic and international export laws and regulations. §I.6¶1ṣ2You must comply with all applicable export laws and regulations that apply to the UDK. §I.6¶1ṣ3The laws include restrictions on destinations, end users and end use.

7. §I.7Termination. §I.7¶1§I.7¶1ṣ1Without prejudice to any other rights,

  1. (a) ṣ1.athis 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
  2. (b) ṣ1.bEpic may terminate this Agreement at any time, upon notice to You.

§I.7¶1ṣ2Upon 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. §I.7¶1ṣ3If You breach this Agreement, and Epic decides to take legal action against You, You shall pay for the reasonable costs of Epic's attorneys.

8. §I.8Other Intellectual Property Matters.

(a) §I.8.a§I.8.a¶1ṣ1In 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) §I.8.b§I.8.b¶1ṣ1You 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.

9. §I.9Entire Agreement; Survival. §I.9¶1§I.9¶1ṣ1This 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. §I.9¶1ṣ2Sections 3, 4, 6, and 8 through 18 (inclusive) survive any termination or expiration of this Agreement.

10. §I.10Severability. §I.10¶1§I.10¶1ṣ1If 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.

11. §I.11Governing Law and Jurisdiction. §I.11¶1§I.11¶1ṣ1The 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. §I.11¶1ṣ2All 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. §I.11¶1ṣ3You 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. §I.11¶1ṣ4You further agree that Epic shall be allowed to apply for injunctive remedies (or any equivalent legal relief) in any jurisdiction. §I.11¶1ṣ5For 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.

12. §I.12Disclaimer of Warranty. §I.12¶1§I.12¶1ṣ1The UDK is licensed as is. §I.12¶1ṣ2You bear the risk of using it. §I.12¶1ṣ3Neither Epic nor its suppliers give any express or statutory representations, warranties, guarantees or conditions. §I.12¶1ṣ4Epic and its suppliers also exclude all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and non-infringement. §I.12¶1ṣ5Nothing 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. §I.12¶1ṣ6The limitations and exclusions of liability do not apply if and to the extent

  1. (a) ṣ6.aYou sustain damages which were caused by gross negligence or willful misconduct of Epic, or
  2. (b) ṣ6.bEpic violates Your life, body, or well being.

13. §I.13Exclusion of Incidental, Consequential, and Certain Other Damages. §I.13¶1§I.13¶1ṣ1You can recover from Epic direct damages up to U.S. $25.00 only. §I.13¶1ṣ2You 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. §I.13¶1ṣ3This limitation includes, but is not limited to:

  1. (a) ṣ3.aanything related to the UDK or services (if any); and
  2. (b) ṣ3.bclaims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

§I.13¶1ṣ4It also applies even if Epic knew or should have known about the possibility of the damages. §I.13¶1ṣ5The foregoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of this Agreement. §I.13¶1ṣ6The limitations and exclusions of liability do not apply if and to the extent

  1. (a) ṣ6.aYou sustain damages which were caused by gross negligence or willful misconduct of Epic, or
  2. (b) ṣ6.bEpic violates Your life, body, or well being.

14. §I.14U.S. Government End Users. §I.14¶1§I.14¶1ṣ1The 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. §I.14¶1ṣ2Consistent 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

  1. (a) ṣ2.aonly as Commercial Items and
  2. (b) ṣ2.bwith only those rights as are granted to all other end users pursuant to the terms and conditions herein.

§I.14¶1ṣ3Unpublished-rights reserved under the copyright laws of the United States.

15. §I.15No Waiver. §I.15¶1§I.15¶1ṣ1Any 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.

16. §I.16No Support. §I.16¶1§I.16¶1ṣ1Neither Epic nor its suppliers has any obligation to provide support services for the UDK or any portion thereof.

17. §I.17No Assignment. §I.17¶1§I.17¶1ṣ1You 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. §I.17¶1ṣ2Epic 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.

18. §I.18Legal Effect. §I.18¶1§I.18¶1ṣ1This Agreement describes certain legal rights. §I.18¶1ṣ2You may have other rights under the laws of Your jurisdiction. §I.18¶1ṣ3This 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. §I.18¶1ṣ4Limitations 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. §I.18¶1ṣ5In 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.

§IIMINIMUM TERMS AND CONDITIONS OF END USER LICENSEE LICENSE

1. Roman numeral I. in original §II.1¶1§II.1¶1ṣ1Licensee grants to End-User Licensee a non-exclusive license to use the FBX Integration Code, as is, without warranty of any kind, under the terms stated in this Agreement.

2. §II.2§II.2¶1ṣ1End-User Licensee will not copy the Licensed Software except:

  1. (i) ṣ1.ias necessary to read the FBX Integration Code from the media into the memory of a computer solely for the purpose of executing it on a single machine (whether a stand alone computer or a workstation component of a multi-terminal system), or
  2. (ii) ṣ1.iito create an archival copy.

3. §II.3§II.3¶1ṣ1End-User Licensee agrees not to use any Open Source (defined below) in the development of the FBX Integration Code in such a way that would cause the non-Open Source portions of the FBX Integration Code to be subject to any Open Source licensing terms or obligations. §II.3¶1ṣ2Open Source means any software code that:

  1. (a) ṣ2.acontains, or is derived in any manner, (in whole or in part), from any software that is distributed as free software, open source software, shareware (e.g., Linux), or similar licensing or distribution models; and
  2. (b) ṣ2.bis subject to any agreement with terms requiring that using, copying, modifying or redistributing the software requires that such software and/or the derivative works of such software be:
    1. (i) ṣ2.b.idisclosed and/or distributed in source code form;
    2. (ii) ṣ2.b.iibe licensed for the purpose of making derivative works; and/or
    3. (iii) ṣ2.b.iiibe redistributed free of charge; including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to, GNU's General Public License (GPL) or Lesser/Library GPL (LGPL).

4. §II.4§II.4¶1ṣ1End-User Licensee may not install, access or otherwise copy or use the FBX Integration Code except as expressly authorized by this Agreement. §II.4¶1ṣ2End-User Licensee may not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the FBX Integration Code, or any rights granted in this Agreement, to any other person without the prior written consent of Licensor. §II.4¶1ṣ3End- User Licensee may not install or access, or allow the installation or access of, the FBX Integration Code over the Internet for the purposes of making the FBX Integration Code available to third parties, including, without limitation, use in connection with a Web hosting or similar services. §II.4¶1ṣ4End Licensee may not utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by Licensee or its licensors in connection with the FBX Integration Code, or use the FBX Integration Code together with any, authorization code, serial number, or other copy protection device not supplied by Licensee or its licensors. §II.4¶1ṣ5End-User Licensee may not use or export the FBX Integration Code outside of the country of purchase for any reason. §II.4¶1ṣ6Title to and ownership of the intellectual property rights associated with the FBX Integration Code and any copies remain with Licensee and its suppliers.

5. §II.5§II.5¶1ṣ1End-User Licensee is hereby notified that Autodesk, Inc., Ill McInnis Parkway, San Rafael, California 94903 (Autodesk) is a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to End-User Licensee's use of the FBX Integration Code. §II.5¶1ṣ2Such provisions are made expressly for the benefit of Autodesk and are enforceable by Autodesk in addition to Licensee.

6. §II.6§II.6¶1ṣ1In no event shall Licensee or its suppliers be liable in any way for indirect, special or consequential damages of any nature, including without limitation, lost business profits, or liability or injury to third persons, whether foreseeable or not, regardless of whether Licensee or its suppliers have been advised of the possibility of such damages.

§IIIUDK Third Party Software Notices and/or Additional Terms and Conditions

§III¶1§III¶1ṣ1This page and/or pages linked from this page contain Third Party Software Notices and/or Additional Terms and Conditions for the UDK. §III¶1ṣ2These notices and/or additional terms and conditions apply only with respect to the software supplied by the named third party and are made a part of and incorporated by reference into the Epic Games, Inc. UDK License Terms.

§III.iAMD CPU drivers §III.i¶1§III.i¶1ṣ1PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. §III.i¶1ṣ2BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. §III.i.1License. §III.i.1¶1§III.i.1¶1ṣ1The software accompanying this License (hereinafter Software), regardless of the media on which it is distributed, are licensed to you by Advanced Micro Devices, Inc. (AMD) for use solely in conjunction with AMD hardware products purchased with the Software (AMD Hardware). §III.i.1¶1ṣ2You own the medium on which the Software is recorded, but AMD and AMD's Licensors (referred to collectively as AMD) retain title to the Software and related documentation. §III.i.1¶1ṣ3You may: ṣ3.1a) use the Software solely in conjunction with the AMD Hardware on a single computer; ṣ3.2b) make one copy of the Software in machine-readable form for backup purposes only. §III.i.1¶1ṣ4You must reproduce on such copy AMD's copyright notice and any other proprietary legends that were on the original copy of the Software; ṣ4.1c) transfer all your license rights in the Software provided you must also transfer a copy of this License, the backup copy of the Software, the AMD Hardware and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License. §III.i.1¶1ṣ5Upon such transfer your license is then terminated.

2. §III.i.2Restrictions. §III.i.2¶1§III.i.2¶1ṣ1The Software contains copyrighted and patented material, trade secrets and other proprietary material. §III.i.2¶1ṣ2In order to protect them, and except as permitted by applicable legislation, you may not: ṣ2.1a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form; ṣ2.2b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; ṣ2.3or c) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.

3. §III.i.3Termination. §III.i.3¶1§III.i.3¶1ṣ1This License is effective until terminated. §III.i.3¶1ṣ2You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. §III.i.3¶1ṣ3This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. §III.i.3¶1ṣ4Upon termination you must destroy the Software, related documentation and all copies thereof.

4. §III.i.4Government End Users. §III.i.4¶1§III.i.4¶1ṣ1If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. §III.i.4¶1ṣ2The Government agrees the Software and documentation were developed at private expense and are provided with RESTRICTED RIGHTS. §III.i.4¶1ṣ3Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987), as amended from time to time. §III.i.4¶1ṣ4In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

5. §III.i.5No Other License. §III.i.5¶1§III.i.5¶1ṣ1No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.

6. §III.i.6Additional Licenses. §III.i.6¶1§III.i.6¶1ṣ1DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.

7. §III.i.7Disclaimer of Warranty on Software. §III.i.7¶1§III.i.7¶1ṣ1You expressly acknowledge and agree that use of the Software is at your sole risk. §III.i.7¶1ṣ2The Software and related documentation are provided AS IS and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. §III.i.7¶1ṣ3AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. §III.i.7¶1ṣ4THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. §III.i.7¶1ṣ5FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. §III.i.7¶1ṣ6NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. §III.i.7¶1ṣ7SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. §III.i.7¶1ṣ8THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. §III.i.7¶1ṣ9SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. §III.i.8Limitation of Liability. §III.i.8¶1§III.i.8¶1ṣ1UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. §III.i.8¶1ṣ2SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. §III.i.8¶1ṣ3AMD will not be liable for 1)loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. §III.i.8¶1ṣ4In no event shall AMD's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.

9. §III.i.9Controlling Law and Severability. §III.i.9¶1§III.i.9¶1ṣ1This Agreement will be governed by and construed under the laws of the State of California without reference to its conflicts of law principles. §III.i.9¶1ṣ2The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. §III.i.9¶1ṣ3Each party hereto submits to the jurisdiction of the state and federal courts of Santa Clara County and the Northern District of California for the purpose of all legal proceedings arising out of or relating to this Agreement or the subject matter hereof. §III.i.9¶1ṣ4Each party waives any objection which it may have to contest such forum.

10. §III.i.10Complete Agreement. §III.i.10¶1§III.i.10¶1ṣ1This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. §III.i.10¶1ṣ2No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD.

§III.iiBink §III.ii¶1§III.ii¶1ṣ1Uses Bink Video. §III.ii¶1ṣ2Copyright (C) 1997-2009 by RAD Game Tools, Inc.

§III.iiiConvex Decomposition §III.iii¶1§III.iii¶1ṣ1Copyright (c) 2007 by John W. Ratcliff jratcliff@infiniplex.net

§III.iii¶2§III.iii¶2ṣ1The MIT license:

§III.iii¶3§III.iii¶3ṣ1Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the Software), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: ṣ1.1The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

§III.iii¶4§III.iii¶4ṣ1THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. §III.iii¶4ṣ2IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

§III.ivCSHA 1 §III.iv¶1§III.iv¶1ṣ1100% free public domain implementation of the SHA-1 algorithm by Dominik Reichl <dominik.reichl@t-online.de> http://www.dominik-reichl.de/

§III.vDirectX Redistributable §III.v¶1§III.v¶1ṣ1MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX END USER RUNTIME

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§III.viDL Malloc 2.8.3 §III.vi¶1§III.vi¶1ṣ1The person or persons who have associated work with this document (the Dedicator or Certifier) hereby either

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§III.viiiDual Quaternion Skinning Code §III.viii¶1§III.viii¶1ṣ1This software is provided as-is, without any express or implied warranty. §III.viii¶1ṣ2In no event will the author(s) be held liable for any damages arising from the use of this software.

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§III.ixFCollada §III.ix¶1§III.ix¶1ṣ1Copyright 2006 Feeling Software. §III.ix¶1ṣ2Under MIT License: ṣ2.1http://www.opensource.org/licenses/mit-license.php

§III.ix¶2§III.ix¶2ṣ1FS import classes:

§III.ix¶3§III.ix¶3ṣ1Copyright 2005-2006 Feeling Software and Copyright 2005-2006 Autodesk Media Entertainment. §III.ix¶3ṣ2Under MIT License: ṣ2.1http://www.opensource.org/licenses/mit-license.php

§III.xJPEG §III.x¶1§III.x¶1ṣ1The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. §III.x¶1ṣ2This software is provided AS ISOriginal has ‘ ”, and you, its user, assume the entire risk as to its quality and accuracy. §III.x¶1ṣ3This software is copyright (C) 1991-1998, Thomas G. §III.x¶1ṣ4Lane. §III.x¶1ṣ5All Rights Reserved except as specified below. §III.x¶1ṣ6Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:

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§III.x¶1.3ṣ2These conditions apply to any software derived from or based on the IJGOriginal has I]G code, not just to the unmodified library. §III.x¶1.3ṣ3If you use our work, you ought to acknowledge us. §III.x¶1.3ṣ4Permission is NOT granted for the use of any IJG author's name or company name In advertising or publicity relating to this software or products derived from it. §III.x¶1.3ṣ5This software may be referred to only as the Independent IPEG Group's software. §III.x¶1.3ṣ6We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.

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§III.xiiLibXML2 §III.xii¶1§III.xii¶1ṣ1Except where otherwise noted in the source code (e.g. the files hash.c, list.c and the trio files, which are covered by a similar license but with different Copyright notices) all the files are:

§III.xii¶2§III.xii¶2ṣ1Copyright (C) 1998-2003 Daniel Veillard. §III.xii¶2ṣ2All Rights Reserved.

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§III.xiiilibPNG License Terms: §III.xiii¶1§III.xiii¶1ṣ1http://www.libpng.org/pub/png/src/libpng-LICENSE.txt

§III.xivLibresample License Terms: http://ccrma.stanford.edu/~jos/resample/Free_Resampling_Software.html

§III.xvMersenne Prime Twister (SSE version) §III.xv¶1§III.xv¶1ṣ1Copyright (c) 2006,No space in original 2007 Mutsuo Saito, Makoto Matsumoto and Hiroshima University. §III.xv¶1ṣ2All rights reserved.

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§III.xviMicrosoft Visual Studio Redistributable Files §III.xvi¶1§III.xvi¶1ṣ1This software uses certain redistributable software components provided by Microsoft. §III.xvi¶1ṣ2By accepting the terms of this agreement you agree to indemnify, defend, and hold harmless Microsoft from any claims including attorneys' fees, related to the distribution or use of this program.

§III.xviiNVIDIA §III.xvii¶1§III.xvii¶1ṣ1This product includes code licensed from NVIDIA.

§III.XVIIIOgg Vorbis libs

© §III.XVIII¶1§III.XVIII¶1ṣ12009, Xiph.Org Foundation

§III.XVIII¶2§III.XVIII¶2ṣ1License Terms: ṣ1.1http://www.xiph.org/licenses/bsd/

§III.xixGraphViz §III.xix¶1§III.xix¶1ṣ1(used by FaceFX) License Terms: ṣ1.1http://www.graphviz.org/License.php

§III.XXPhysX SDK NVIDIA CORPORATION NVIDIA PHYSX SDK END USER LICENSE AGREEMENT

§III.XX¶1§III.XX¶1ṣ1Welcome to the new world of reality gaming brought to you by PhysX™ acceleration from NVIDIA™.

§III.XX¶2§III.XX¶2ṣ1NVIDIA Corporation is willing to license the PHYSX SDK and the accompanying documentation to you only on the condition that you accept all the terms in this License Agreement (Agreement) and accurately maintain all required information on your NVIDIA PhysX Developer Site Profile (My Support->My Profile).

§III.XX¶3§III.XX¶3ṣ1IMPORTANT: ṣ1.1READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING NVIDIA PHYSX SDK.

§III.XX¶4§III.XX¶4ṣ1BY CLICKING ON THE ACCEPT BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. §III.XX¶4ṣ2IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NVIDIA IS NOT WILLING TO LICENSE THE PHYSX SDK TO YOU. §III.XX¶4ṣ3IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY, WITHIN 15 DAYS, RETURN THIS ENTIRE PRODUCT TO THE LOCATION WHERE YOU ACQUIRED IT OR PROVIDE WRITTEN VERIFICATION OF DELETION OF ALL COPIES OF THE ENTIRE PRODUCT IF YOU HAVE ACQUIRED THE PRODUCT BY DOWNLOAD.

1. §III.XX.1Definitions. §III.XX.1¶1§III.XX.1¶1ṣ1Physics Application means a software application designed for use and fully compatible with the PhysX SDK and/or NVIDIA Graphics processor products, including a video game, visual simulation, movie, or other entertainment product. §III.XX.1¶1ṣ2PhysX Software Development Kit or PhysX SDK means the set of instructions for computers, in executable form and in any media (which may include diskette, CD-ROM, downloadable internet, hardware, or firmware) comprising NVIDIA's proprietary Software Development Kit and related media and printed materials, including Redistributable Code, Sample Code, reference guides and manuals, installation routines, PhysX drivers, API's, libraries, any subsequent updates or adaptations provided by NVIDIA, whether with this installation or as separately downloaded. §III.XX.1¶1ṣ3Redistributable Code means the Sample Code and any object code files located in the \SDKs\lib\ and \Tools\NXuStream2 directories of the PhysX SDK. §III.XX.1¶1ṣ4Sample Code means the sample interface or application source and object code files contained within the PhysX SDK's Samples directory or made available for download from the PhysX developer site and designated as sample code.

2. §III.XX.2License. §III.XX.2¶1§III.XX.2¶1ṣ1NVIDIA Corporation (NVIDIA) grants you (you) a limited, nonexclusive, non-transferable world-wide, royalty-free license to

  1. (a) ṣ1.ainternally install, use and display the PhysX SDK, solely for purposes of developing Physics Applications;
  2. (b) ṣ1.binternally use, copy, modify and compile the Sample Code to design, develop and test Physics Applications; and
  3. (c) ṣ1.creproduce and distribute the Redistributable Code only in object code form and only as fully integrated into Physics Applications, provided you meet and comply with all requirements of this Agreement.

§III.XX.2¶1ṣ2Any terms or conditions appearing on the face or reverse side of any purchase order, purchase order acknowledgment or other order document that are different from, or in addition to, the terms of this Agreement will not be binding on the parties, even if payment is accepted. §III.XX.2¶1ṣ3Except as expressly granted herein, no other license under any patent, copyright, trade secret, trademark or other intellectual property right is granted to or conferred upon you by this Agreement. §III.XX.2¶1ṣ4All other rights are expressly reserved by NVIDIA and its licensors.

3. §III.XX.3Redistribution; Physics Applications. §III.XX.3¶1§III.XX.3¶1ṣ1Any redistribution of the PhysX SDK or portions thereof must be subject to an end user license agreement including language that

  1. (a) ṣ1.aprohibits the end user from modifying, reproducing, de-compiling, reverse engineering or translating the PhysX SDK;
  2. (b) ṣ1.bprohibits the end user from distributing or transferring the PhysX SDK other than as part of the Physics Application;
  3. (c) ṣ1.cdisclaims any and all warranties on behalf of NVIDIA and its affiliated companies and licensors;
  4. (d) ṣ1.ddisclaims, to the maximum extent permitted by law, NVIDIA's, its affiliated companies and its licensors' liability for all damages, direct or indirect, incidental or consequential, that may arise from any use of the PhysX SDK and/or Physics Application; and
  5. (e) ṣ1.erequires the end user to agree not to export the PhysX SDK and/or Physics Application, directly or indirectly, in violation of any U.S. laws.

§III.XX.3¶1ṣ2Upon request, you must provide NVIDIA with two (2) copies of any Physics Application and related documentation that is commercially released subject to a license enabling NVIDIA to use and publicly display reasonable portions of such Physics Application for advertising purposes. §III.XX.3¶1ṣ3Physics Application(s) should be sent to:

§III.XX.3¶2§III.XX.3¶2ṣ1NVIDIA Corporation 2701 San Tomas Expressway Santa Clara, CA 95050 Attention: ṣ1.1PhysX Business Development Manager

4. §III.XX.4Ownership, Protections. §III.XX.4¶1§III.XX.4¶1ṣ1The PhysX SDK is owned by NVIDIA and NVIDIA licensors, and is protected by United States copyright laws, international treaty provisions, and other applicable laws. §III.XX.4¶1ṣ2With regard to any copies made, you agree to reproduce any copyright notices and other proprietary legends included on the original.NVIDIA copyright notice(s) may appear in any of several forms, including machinereadable form, and you agree to reproduce such notice in each form in which it appears. §III.XX.4¶1ṣ3Title and copyrights to the PhysX SDK and any copies made by you remain with NVIDIA and its licensors. §III.XX.4¶1ṣ4You acknowledge that the PhysX SDK contain valuable proprietary information and trade secrets and that unauthorized or improper use of the PhysX SDK will result in irreparable harm to NVIDIA and its licensors for which monetary damages would be inadequate and for which NVIDIA and its licensors will be entitled to immediate injunctive relief. §III.XX.4¶1ṣ5Subject to the rights of NVIDIA and its licensors in the PhysX SDK and the Sample Code, you own your modifications to the Sample Code.

5. §III.XX.5Restrictions. §III.XX.5¶1§III.XX.5¶1ṣ1You will not, and will not permit others to:

  1. (a) ṣ1.amodify, translate, decompile, bootleg, reverse engineer, disassemble, or extract the inner workings of any portion of the PhysX SDK except the Sample Code,
  2. (b) ṣ1.bcopy the look-and-feel or functionality of any portion of the PhysX SDK except the Sample Code;
  3. (c) ṣ1.cremove any proprietary notices, marks, labels, or logos from the PhysX SDK or any portion thereof;
  4. (d) ṣ1.drent, transfer or use as a service bureau all or some of the PhysX SDK without NVIDIA's prior written consent, except in the form of Physics Applications and subject to the requirements of this Agreement; or
  5. (e) ṣ1.eutilize any computer software or hardware which is designed to defeat any copy protection device, should the PhysX SDK be equipped with such a protection device.

§III.XX.5¶1ṣ2Unauthorized copying of the PhysX SDK, or failure to comply with any of the provisions of this Agreement, will result in automatic termination of this license.

6. §III.XX.6Attribution Requirements and Trademark License. §III.XX.6¶1§III.XX.6¶1ṣ1You must provide attribution to NVIDIA and the NVIDIA PhysX SDK in the About or Info box menu items (or equivalent) of all Physics Applications using any portion of the PhysX SDK in the format set forth below, or as otherwise specified or approved in writing by NVIDIA:

§III.XX.6¶2§III.XX.6¶2ṣ1PhysX™ technology provided under license from NVIDIA Corporation (Copyright © 2002, 2003, 2004, 2005, 2006 NVIDIA Corporation, USA. §III.XX.6¶2ṣ2All rights reserved. §III.XX.6¶2ṣ3http://www.nvidia.com.

§III.XX.6¶3§III.XX.6¶3ṣ1Except as expressly set forth in this Section 6, or in a separate written agreement with NVIDIA, you may not use NVIDIA's trademarks, whether registered or unregistered, in connection with the Physics Application in any manner or imply that NVIDIA endorses or otherwise approves of the Physics Application or that you and NVIDIA are in any way affiliated. §III.XX.6¶3ṣ2Your use of the NVIDIA name under this Agreement does not create any right, title or interest in the NVIDIA name or any NVIDIA trademarks and all goodwill arising from your use inure solely to the benefit of NVIDIA.

7. §III.XX.7DISCLAIMER. §III.XX.7¶1§III.XX.7¶1ṣ1EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, THE PHYSX SDK IS PROVIDED AS IS AND NVIDIA AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. §III.XX.7¶1ṣ2NVIDIA SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. §III.XX.7¶1ṣ3NVIDIA DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. §III.XX.7¶1ṣ4NVIDIA MAKES NO WARRANTY WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE AND DOCUMENTATION. §III.XX.7¶1ṣ5Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

8. §III.XX.8Remedies. §III.XX.8¶1§III.XX.8¶1ṣ1The entire liability of NVIDIA and its licensors, and your exclusive remedy under the warranty provided herein will be, at NVIDIA's option, to replace any Media found to be defective within the warranty period, or to refund the purchase price and terminate this Agreement. §III.XX.8¶1ṣ2To seek such a remedy, you must return the entire PhysX SDK to NVIDIA, with a copy of the original purchase receipt within the warranty period.

9. §III.XX.9Confidential Information. §III.XX.9¶1§III.XX.9¶1ṣ1All technical and business information disclosed by NVIDIA to you under this Agreement, including but not limited to source code, documentation, technical assistance and any confidential information pertaining to NVIDIA's business or products, are to be considered NVIDIA Confidential Information. §III.XX.9¶1ṣ2You will not disclose any portion of NVIDIA Confidential Information to any third party and will protect all NVIDIA Confidential Information with the same degree of care as you use to protect your own information of a confidential or proprietary nature, but always with at least a reasonable degree of care. §III.XX.9¶1ṣ3This obligation of confidentiality will survive termination and/or expiration of this Agreement for any reason.

10. §III.XX.10LIMITATION OF LIABILITY. §III.XX.10¶1§III.XX.10¶1ṣ1THE TOTAL LIABILITY OF NVIDIA AND ITS LICENSORS UNDER THIS AGREEMENT FOR DAMAGES WILL NOT EXCEED $100 IN THE AGGREGATE. §III.XX.10¶1ṣ2IN NO EVENT WILL NVIDIA OR ITS LICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. §III.XX.10¶1ṣ3Some jurisdictions do not permit limitations of liability for incidental or consequential damages, so the above exclusions may not apply to you.

11. §III.XX.11Customer and Technical Support. §III.XX.11¶1§III.XX.11¶1ṣ1You will be solely responsible for providing customer and technical support to end users of the Physics Application for all features of the Physics Application, including those features that relate to integration, functionality or compatibility of the Physics Application with NVIDIA products. §III.XX.11¶1ṣ2NVIDIA may provide you with technical support related to use of the PhysX SDK under terms and conditions as posted on the NVIDIA PhysX developer website, which may, in NVIDIA's sole discretion, be changed from time to time.

12. §III.XX.12Term of License; Termination. §III.XX.12¶1§III.XX.12¶1ṣ1Your right to use the PhysX SDK will begin when you click the I ACCEPT button, which constitutes acceptance of the terms and conditions herein. §III.XX.12¶1ṣ2The license is effective until otherwise terminated. §III.XX.12¶1ṣ3You may terminate it at any time by destroying the PhysX SDK and all portions thereof, together with all copies in any form. §III.XX.12¶1ṣ4If you fail to comply with any material term or condition of this Agreement and do not cure the noncompliance within 30 days of receipt of written notice of noncompliance from NVIDIA, NVIDIA may terminate your rights to conduct any further development under Sections 2(a) and (b) of this Agreement (Partial Termination). §III.XX.12¶1ṣ5Upon Partial Termination, you will certify to NVIDIA in writing that the original and all stand-alone copies, in whole or in part, of the PhysX SDK have been destroyed. §III.XX.12¶1ṣ6Upon Partial Termination, you may continue to distribute any Physics Application that has been commercially released prior to such termination subject to prospective compliance with this Agreement. §III.XX.12¶1ṣ7Upon any other termination, you will certify to NVIDIA in writing that the original and all copies, in whole or in part, of the PhysX SDK have been destroyed, including those portions contained within any unshipped Physics Applications.

13. §III.XX.13Governing Law. §III.XX.13¶1§III.XX.13¶1ṣ1This Agreement will be governed by the laws of the United States of America to the extent that they apply and otherwise by the laws of the State of California, without reference to principles of conflicts of law.

14. §III.XX.14Export. §III.XX.14¶1§III.XX.14¶1ṣ1You agree and certify that no portion of the PhysX SDK nor any other technical data received from NVIDIA will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. §III.XX.14¶1ṣ2If you have rightfully obtained the PhysX SDK outside of the United States, you agree that you will not re-export any portion of the PhysX SDK nor any other technical data received from NVIDIA, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the PhysX SDK.

15. §III.XX.15Assignment. §III.XX.15¶1§III.XX.15¶1ṣ1You may not sublicense, assign or transfer this Agreement or the PhysX SDK except as expressly provided in this Agreement. §III.XX.15¶1ṣ2Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.

16. §III.XX.16Survival. §III.XX.16¶1§III.XX.16¶1ṣ1The parties agree that where the context of any provision indicates an intent that it will survive the term of this Agreement, then it will survive. §III.XX.16¶1ṣ2All terms of this Agreement survive Partial Termination except Sections 2(a) and (b).

17. §III.XX.17Entire Agreement. §III.XX.17¶1§III.XX.17¶1ṣ1This Agreement contains the parties' entire agreement regarding your use of the PhysX SDK and may be amended only in writing signed by both parties.

§III.XX.17¶2§III.XX.17¶2ṣ1IF THE FOREGOING TERMS AND CONDITIONS ARE ACCEPTABLE TO YOU,PLEASE INDICATE YOUR AGREEMENT AND ACCEPTANCE BY CLICKING BELOW ON THE BUTTON LABELED I ACCEPT.

§III.XX.17¶3§III.XX.17¶3ṣ1PhysX SDK, © 2006 NVIDIA Corporation All rights reserved.

§III.XX.17¶4§III.XX.17¶4ṣ1NVIDIA and PhysX are trademarks of NVIDIA Corporation with registrations pending in the US Patent & Trademark Office and elsewhere. §III.XX.17¶4ṣ2All rights reserved.

§III.XX.17¶5§III.XX.17¶5ṣ1US AND INTERNATIONAL PATENTS PENDING.

§III.xxiSpeedTree §III.xxi¶1§III.xxi¶1ṣ1PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. §III.xxi¶1ṣ2BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

§III.xxi¶2§III.xxi¶2ṣ1The SpeedTree software (hereinafter Software) is licensed to you as an individual or the entity you represent by Interactive Data Visualization, Inc. (IDV) for use solely in conjunction with the Unreal Engine 3 UDK (UDK).

§III.xxi¶3§III.xxi¶3ṣ1You acknowledge and agree that you are not a third party beneficiary of any agreements between Epic Games, Inc. (Epic) and IDV.

§III.xxi¶4§III.xxi¶4ṣ1You acknowledge and agree that IDV is and shall be a third party beneficiary of the UDK End User License Agreement between you and Epic (UDK EULA).

§III.xxi¶5§III.xxi¶5ṣ1You acknowledge and agree that no claim, action, or demand shall lie against IDV with respect to any loss, cost, liability, damages, or expense arising out of or related to the UDK EULA or the Software. §III.xxi¶5ṣ2For purposes of clarity, you shall not file any suit or bring any cause of action against IDV with respect to the UDK EULA or the Software.

§III.xxi¶6§III.xxi¶6ṣ1You acknowledge that IDV has not made any warranties to you with respect to the Software, that IDV expressly disclaims implied warranties of merchantability or fitness for a particular purpose, and that IDV has no obligation to honor any warranties that Epic may provide to you in the UDK EULA or otherwise.

§III.xxi¶7§III.xxi¶7ṣ1IDV retains any and all right, title, interest, and intellectual property rights in and to the Software, including any results and/or proceeds created by you using the Software that may be embedded in the applications you develop using the UDK, and no title to such Software, including any results and/or proceeds, is transferred to you or any third party through the UDK EULA or otherwise. §III.xxi¶7ṣ2You shall adhere to all applicable laws, regulations and rules relating to the export of technical data and shall not export or re-export any technical data, any products received from Epic, or the direct product of such technical data to any proscribed country listed in such applicable laws, regulations and rules unless properly authorized.

§III.xxi¶8§III.xxi¶8ṣ1Neither you nor any of your agents or consultants shall assign, sublicense, transfer, reproduce, copy, modify, disassemble, decompile, or otherwise reverse engineer any portion of the Software; ṣ1.1provided, however, that you may make results and/or proceeds of any application created with the UDK including the Software, available to your own end users under, and only under, the same terms that govern your use of and rights to the UDK.

§III.xxiiTIFF §III.xxii¶1§III.xxii¶1ṣ1Copyright (c) 1988-1997 Sam Leffler Copyright (c) 1991-1997 Silicon Graphics, Inc. No paragraph break in original

§III.xxii¶2§III.xxii¶2ṣ1Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose Is hereby granted without fee, provided that

  1. (i) ṣ1.ithe above copyright notices and this permission notice appear in all copies of the software and related documentation, and
  2. (ii) ṣ1.iithe names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.

No paragraph break in original §III.xxii¶3§III.xxii¶3ṣ1THE SOFTWARE IS PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

No paragraph break in original §III.xxii¶4§III.xxii¶4ṣ1IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

§III.xxiiiTinyXML §III.xxiii¶1§III.xxiii¶1ṣ1TinyXML is released under the zlib license:

§III.xxiii¶2§III.xxiii¶2ṣ1This software is provided as-is, without any express or implied warranty. §III.xxiii¶2ṣ2In no event will the authors be held liable for any damages arising from the use of this software. No paragraph break in original

§III.xxiii¶3§III.xxiii¶3ṣ1Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

  1. 1. §III.xxiii¶3.1§III.xxiii¶3.1ṣ1The origin of this software must not be misrepresented; ṣ1.1you must not claim that you wrote the original software. §III.xxiii¶3.1ṣ2If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
  2. 2. §III.xxiii¶3.2§III.xxiii¶3.2ṣ1Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
  3. 3. §III.xxiii¶3.3§III.xxiii¶3.3ṣ1This notice may not be removed or altered from any source distribution.

§III.xxivwxWidgets §III.xxiv¶1§III.xxiv¶1ṣ1License Terms: ṣ1.1http://www.wxwindows.org/about/licence3.txt

§III.xxvzlib zlib.h — §III.xxv¶1§III.xxv¶1ṣ1interface of the 'zlib' general purpose compression library version 1.2.3, July 18th, 2005

§III.xxv¶2§III.xxv¶2ṣ1Copyright (C) 1995-2004 Jean-loup Gailly and Mark Adler

§III.xxv¶3§III.xxv¶3ṣ1This software is provided as-is, without any express or implied warranty. §III.xxv¶3ṣ2In no event will the authors be held liable for any damages arising from the use of this software.

§III.xxv¶4§III.xxv¶4ṣ1Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

  1. 1. §III.xxv¶4.1§III.xxv¶4.1ṣ1The origin of this software must not be misrepresented; ṣ1.1you must not claim that you wrote the original software. §III.xxv¶4.1ṣ2If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
  2. 2. §III.xxv¶4.2§III.xxv¶4.2ṣ1Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
  3. 3. §III.xxv¶4.3§III.xxv¶4.3ṣ1This notice may not be removed or altered from any source distribution.

§III.xxv¶5§III.xxv¶5ṣ1Jean-loup Gailly Mark Adler jloup@gzip.org madler@alumni.caltech.edu

§III.xxv¶6§III.xxv¶6ṣ1The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files http://www.ietf.org/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format).

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