END USER LICENSE AGREEMENT

“Operating System Simulator Plugin Lite (free version)”

1. INTRODUCTION

This is the end user license agreement for YetiTech Studios Pvt Ltd (defined here as “YetiTech” or “We”).
This software product entitled “Operating System Simulator Plugin” is a plugin for Unreal Engine (“Plugin”). The Plugin is owned by YetiTech (subject to the rights of Epic Games) and is protected under copyright laws, international copyright treaties and other intellectual property laws. This document outlines the rights of users of the free version of the Plugin only (“Free Edition”). For those users who wish to purchase the paid version of the Plugin (“Marketplace Edition”), please see the Unreal Engine marketplace (the “Marketplace” that can be found here). The rights attached to the use of the Marketplace Edition can be found here.
Please read the terms and conditions of this License Agreement (the “Agreement”) carefully before downloading, installing, or otherwise using the Free Edition. By downloading, installing, using, or otherwise accessing the Free Edition, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this agreement, promptly exit this page without downloading and/or using the Free Edition.
The Free Edition is licensed, and not sold to you. To become a lawful user of the Free Edition (a lawful “User”), you must always operate within the limitations provided in this License Agreement. This Free Edition is provided under the following license which defines what a User may do with the Free Edition and contains usage restrictions and limitations on warranties and/or remedies.

2. PRECONDITIONS TO ACCESSING AND USING THE FREE VERSION

To be granted a licensee to use the Free Edition in accordance with the license granted at clause 3 below, a potential user must meet the following preconditions:
1. For Individuals: An individual may only be permitted to use the Free Edition if they earn less than USD $30,000 annually (the “Individual’s Maximum Threshold”). YetiTech considers the Individual’s Maximum Threshold to be inclusive of Your salary when calculated annually that you currently earn, even if you only started earning that salary recently.
2. For Companies: If you are applying as a company, as a partnership, or any other entity, that entity must have an annual turnover less than $30,000 USD (the “Corporate Maximum Threshold”), and none of that entity’s directors or employees can be earning over the Corporate Maximum Threshold, whether via the applicant entity or as an individual.
If at any time a User earns above the applicable Threshold, that User will no longer be eligible to use the Free Edition and must purchase the Marketplace Edition from the Marketplace here.

3. NATURE OF THE LICENSE AND ATTRIBUTION

Subject to the preconditions listed at clause 2a), YetiTech grants you a limited non-exclusive license to use the Free Edition in accordance with the terms of this License Agreement. All rights not expressly stated herein are reserved by YetiTech, and YetiTech disclaims any and all implied licenses. The copyright and all other rights to the Free Edition will remain with YetiTech.
The Free Edition does not include source code access and comes with no support of any kind or nature. YetiTech cannot assist Users diagnose issues, resolve bugs or implement features, and disclaims any obligation or liability on the part of any third party to provide support or other services to the User. Free Edition Users cannot access the Plugin support channel in the Discord. To obtain access to the Plugin source code (whether to modify it or for debugging), you will need to purchase a license for the Marketplace Edition.
Use of the Free Edition requires attribution. In any software incorporating the Free Edition, there must be a credit supplied somewhere in your product (such as a license file or credits screen) that you are using the Operating System Simulator Plugin.

4. GRANT OF LICENSE

YetiTech grants the User a non-exclusive revocable license to install and use the Free Edition on a single computer (or mobile device) or network, for personal use of the Free Edition in accordance with this Agreement.
The User acknowledges that YetiTech owns all right, title and interest, including without limitation all intellectual property rights, in and to the Plugin and that a User does not acquire any right, title or interest in or to any version of the Plugin, except the limited license expressly set forth in clause 4 a) above.

5. LIMITATION OF LICENSE

You must not:

make copies of the Free Edition except as expressly permitted in this Agreement;
translate, reverse engineer, decompile, or disassemble the Free Edition;
remove or alter any copyright, trademark or other proprietary rights notices contained in the Free Edition or any other YetiTech content;
rent, lease, loan, sub-license, distribute, assign, or transfer the Free Edition unless incorporated into a third-party software product and in accordance with the limitations of the license granted in this Agreement;
use the Free Edition for any unauthorized purpose, or in violation of any applicable laws and/ or regulations; or
modify the Free Edition or merge all or any part of the Free Edition with another program without binding that User’s customers to the same terms as contained in this License Agreement. For the avoidance of doubt, this means that a User:
1. cannot commercially distribute a work incorporating the Free Edition in the Marketplace, as the Marketplace usage rights, and the Free Edition license restrictions are incompatible. All commercially distributed works incorporating the Plugin must be using the Marketplace Edition.
2. must cease to distribute or make available any work that incorporates the Free Edition, if that User no longer satisfies the preconditions of the Free Edition license listed at clause 2a).

6. TERM AND SERVICE

This License will continue for as long as you use the Free Edition. However, this License will terminate automatically without notice from YetiTech if you fail to comply with any of its terms or conditions (including preconditions). Upon termination you must immediately cease using the Free Edition and remove the Free Edition from your computer (or mobile device), and cease to distribute any work incorporating the Free Edition. The Limitations of Warranties and Liability set out below will continue in force even after any termination.

7. LIMITATION OF WARRANTIES AND LIABILITY

The Free Edition is provided on an “as is” basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Free Edition and for the use of any third-party website or service, and YetiTech disclaims all liability for any loss, injury or damage resulting from use of the Free Edition and any third-party website, whether direct or indirect.
In no event will YetiTech have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. YetiTech’s total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the Free Edition will not exceed USD $1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
Nothing contained in this Agreement shall purport to govern or change, in any way, your relationship with any third party (including Epic Games) under applicable agreements, including any terms of use or any other applicable agreement.

8. INDEMNITY

The User agrees to indemnify and hold harmless YetiTech, and its subsidiaries, affiliates, officers, agents, and employees, licensors, and partners, from and against any third party claim arising from or in any way related to the Users use of the Free Edition, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

9. GENERAL

This Agreement is the entire agreement between us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement will be governed by and construed in accordance with the laws of India. Each User agrees to be bound by the laws of that state.

10. PRIVACY

The YetiTech Privacy Policy in respect of the use of this Free Edition can be found at:
https://yetitechstudios.com/privacy-policy/