ARK: SURVIVAL EVOLVED END USER LICENSE AGREEMENT
Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to
your use of the Software, as well as any Content you obtain through the Software or Marketplace (as such terms
are defined below). By downloading or using the Software or Content, or by otherwise indicating your
acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or
cannot agree to the terms of this Agreement, do not download or use the Software or Content.
Use of the Editor (as defined below) is subject to the Unreal© Engine End User License Agreement ("UE EULA
"), which may be found at www.unrealengine.com/eula, as supplemented by the additional terms and conditions
in Sections 5 and 6 of this Agreement. By downloading or using the Editor, you also agree to the UE EULA. Use
of the Marketplace is subject to Epic's Terms of Service. By using the Marketplace, you also agree to Epic's
Terms of Service.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and
phrases are defined below in Section 18.
Your agreement is with Wildcard Properties, L.L.C., a Florida, USA limited liability company , also known as
"Studio Wildcard".
1. License Grant
Studio Wildcard grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and
license to install and use one copy of the Licensed Materials on a device for your personal entertainment use
(the "License"). The rights that Studio Wildcard grants you under the License are subject to the terms of this
Agreement, and you may only make use of the License if you comply with all applicable terms. In all events, your
use is for your personal and non-commercial use only.
The License becomes effective on the date you accept this Agreement. The License does not grant you any title
or ownership in the Licensed Materials.
2. License Conditions
You may not do any of the following with respect to the Licensed Materials or any of its parts:
(a) use it commercially;
(b) copy, reproduce, distribute, display, or use it in a way that is not expressly
authorized in this Agreement;
(c) sell, rent, lease, license, distribute, or otherwise transfer it;
(e) reverse engineer, derive Source Code from, modify, adapt, translate, decompile,
or disassemble it or make derivative works based on it;
(f) remove, disable, circumvent, or modify any proprietary notice or label or
security technology included in it;
(g) create, develop, distribute, or use any unauthorized software programs to
gain advantage in any online or other game modes;
(h) use it to infringe or violate the rights of any third party, including
but not limited to any intellectual property, publicity, or privacy rights or
(i) use, export, or re-export it in violation of any applicable law or regulation.
In no event may Mods be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of
privacy, or infringing of intellectual property rights, or contain software viruses or other malware, as determined
by Wildcard Studio in its sole discretion.
Furthermore, with regards to Mods, while you are permitted to reference cooked content which is distributed with
the Software, your Mod may not actively redistribute such content.
3. Updates and Patches
Studio Wildcard may provide patches, updates, or upgrades to the Licensed Materials that must be installed in
order for you to continue to use the Software. Studio Wildcard may update the Software remotely without
notifying you, and you hereby consent to Studio Wildcard applying patches, updates, and upgrades. Studio
Wildcard may modify, suspend, discontinue, or limit your access to any aspect of the Software at any time. You
acknowledge that your use of the Licensed Materials does not confer on you any interest, monetary or
otherwise, in any aspect or feature of the Licensed Materials, including but not limited to any in-game rewards,
achievements, or character levels. You also acknowledge that any character data, game progress, game
customization or other data related to your use of the Licensed Materials may cease to be available to you at
any time without notice from Studio Wildcard, including without limitation after a patch, update, or upgrade is
applied by Studio Wildcard. Studio Wildcard does not have any support obligations with respect to the Licensed
Materials.
4. Premium Content
Epic may make certain Content available to you, or may facilitate the exchange of certain Content generated by
users, through the Epic Marketplace for a non-refundable fee ("Premium Content"). Any use of Premium Content
shall be subject to terms and conditions provided for at the Epic Marketplace site.
5. Editor
Notwithstanding the terms of the UE EULA, you may not use the Editor or any Content
(a) with or in connection to any games, projects, products, or services other than the Software, or
(b) to create or develop any separate or standalone games, projects, products, or services.
Your breach of the foregoing will constitute a material breach of both the UE EULA and
this Agreement. If you have entered into the UE EULA, then upon termination of this Agreement,
your license under the UE EULA to use the Editor and any Content will immediately terminate;
provided, however, that such termination will not terminate any license you may have under
the UE EULA with respect to your use of other versions of the Unreal© Engine.
6. Mods
Studio Widlcard has the right but not the obligation to monitor and edit or remove any Mods its determines, in its
sole discretion, may be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of
privacy, or infringing of intellectual property rights, or contain software viruses or other malware. Studio Wildcard
also has the right to limit or terminate your access to all or part of the Licensed Materials for any or no reason,
including without limitation, any violation of this Agreement. Studio Wildcard takes no responsibility and assumes
no liability for any Mods uploaded or shared by you or any third party.
Any Mods you use in connection with the Licensed Materials will not be treated as confidential by Studio
Wildcard, and you authorize Studio Wildcard to store, host, and distribute any Mods you use to any other user.
You represent and warrant that you have all necessary rights to share and license such Mods. If you remove the
Mods from the Licensed Materials, Studio Wildcard may retain copies of your Mod for archival and its own
further exploitation. You hereby grant to each user who downloads your Mod a nonexclusive, royalty-free license
to use one copy of your Mod on a device solely for the user's personal entertainment. You agree that after
downloading your Mod, the user may continue using your Mod even after you remove the Mod from Studio
Wildcard’s Licensed Materials.
7. Feedback
If you provide Wildcard Studio with any Feedback, you hereby assign to Wildcard Studio all right, title, and
interest (including all copyright, patent, and other intellectual property rights) in that Feedback for all current and
future methods and forms of exploitation in any country. If any such rights are not effectively assigned under
applicable law, you hereby grant Wildcard Studio a non-exclusive, fully-paid, irrevocable, transferable,
sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell,
offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback for all
current and future methods and forms of exploitation in any country. If any such rights may not be assigned or
licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to
assert all such rights. You understand and agree that Studio Wildcard is not required to make any use of any
Feedback that you provide. You agree that if Studio Wildcard makes use of your Feedback, Studio Wildcard is
not required to credit or compensate you for your contribution. You represent and warrant that you have
sufficient rights in any Feedback that you provide to Studio Wildcard to grant Studio Wildcard and other affected
parties the rights described above. This includes but is not limited to intellectual property rights and other
proprietary or personal rights.
8. Ownership
Studio Wildcard and its licensors own all title, ownership rights, and intellectual property rights in the Ark:
Survival Evolved and its Content. Studio Wildcard and Ark: Survival Evolved are trademarks or registered
trademarks of Studio Wildcard and its affiliates in the United States of America and elsewhere. All rights granted
to you under this Agreement are granted by express license only and not by sale. No license or other rights shall
be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by Studio Wildcard's licensors. A list of credits for third party
components may be found under the About tab in the game. Also, certain Content has been developed by users
or other third parties and licensed to Studio Wildcard for distribution to you under the License. Studio Wildcard's
licensors may protect their rights if you violate this Agreement.
9. Disclaimers and Limitation of Liability
The Licensed Materials and Mods are provided on an "as is" and "as available" basis, "with all faults" and
without warranty of any kind. Studio Wildcard, Studio Wildcard, its licensors, and its and their affiliates disclaim
all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with
respect to the Licensed Materials or Mods, including without limitation all express, implied, and statutory
warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-
infringement, merchantability, fitness or suitability for any purpose (whether or not Studio Wildcard knows or has
reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care,
workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of
custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Studio
Wildcard, its licensors, and its and their affiliates make no warranty that (1) the Licensed Materials or Mods will
operate properly, (2) that the Licensed Materials, or Mods will meet your requirements, (3) that the operation of
the Licensed Materials, or Mods will be uninterrupted, bug free, or error free in any or all circumstances, or (4)
that any defects in the Licensed Materials, or Mods can or will be corrected. Any warranty against infringement
that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is
expressly disclaimed. Studio Wildcard, its licensors, and its and their affiliates do not guarantee continuous,
error-free, virus-free, or secure operation of or access to the Licensed Materials or Mods. This paragraph will
apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Studio Wildcard, nor its licensors, nor its or their
affiliates, nor any of Studio Wildcard's service providers (collectively, the "Studio Wildcard Parties"), shall be
liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary
damages arising out of or in connection with this Agreement or the Licensed Materials or Mods, even in the
event of an Studio Wildcard Party's fault, tort (including negligence), strict liability, indemnity, product liability,
breach of contract, breach of warranty, or otherwise and even if an Studio Wildcard Party has been advised of
the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate
liability of the Studio Wildcard Parties arising out of or in connection with this Agreement or the Licensed
Materials or Mods will not exceed the total amounts you have paid (if any) to Studio Wildcard under this
Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These
limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full
extent permitted by law.
10. Indemnity
You agree to indemnify, pay the defense costs of, and hold Studio Wildcard, Studio Wildcard, its licensors, its
and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives
harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs,
and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a
breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Licensed
Materials or Mods, or (c) any Mods or other materials you make available (including without limitation allegations
that your Mods infringe third party intellectual property rights). You agree to reimburse Studio Wildcard on
demand for any defense costs incurred by Studio Wildcard and any payments made or loss suffered by Studio
Wildcard, whether in a court judgment or settlement, based on any matter covered by this Section 10.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the
extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including
attorneys' fees, costs and expert witnesses' fees) that are the stated subject matter of the indemnification
obligation above.
11. Privacy
By downloading or using the Licensed Materials, you consent to the data collection and usage terms in Studio
Wildcard's privacy notice, to the extent promulgated, as it may be updated from time to time.
Currently Studio Wildcard’s privacy notice is the same as the privacy provided to Epic’s users, and you grant to
Studio Wildcard the same data collection and usage terms afforded Epic in its privacy notice. That privacy notice
is available at epicgames.com/privacynotice.
You acknowledge that the Software may collect and send to StudioWildcard anonymous hardware and usage
data from the device on which you use the Software. This functionality is used by StudioWildcard to improve the
Software.
12. Termination
Without limiting any other rights of Studio Wildcard, this Agreement will terminate automatically without notice if
you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the
Software and all Content. Upon any termination, the License will automatically terminate, you may no longer
exercise any of the rights granted to you by the License, and you must destroy all copies of the Software and
Content in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances,
regardless of whether or not this Agreement has been terminated.
Sections 2, 5, 7-15, and 17-19 will survive any termination of this Agreement.
13. Governing Law and Jurisdiction
You agree that this Agreement will be deemed to have been made and executed in the State of Florida, U.S.A.,
and any dispute will be resolved in accordance with the laws of Florida, excluding that body of law related to
choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of
this Agreement or to adjudicate any dispute must be brought in the Circuit Court of Alachua County, State of
Florida or the United States District Court for the Northern District of Florida. You agree to the exclusive
jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial.
The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which
provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
14. Class Action Waiver
You agree not to bring or participate in a class or representative action, private attorney general action, or
collective arbitration related to the Licensed Materials, Mods, or this Agreement. You also agree not to seek to
combine any action or arbitration related to the Licensed Materials, Mods, or this Agreement with any other
action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
15. U.S. Government Matters
The Licensed Materials, and Mods are "Commercial Items" (as defined at 48 C.F.R. §2.101), consisting of
"Commercial Computer Software" and "Commercial Computer Software Documentation" (as used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable). The Licensed Materials, and Mods are being licensed to U.S.
Government end users only as Commercial Items and with only those rights as are granted to other licensees
under this Agreement.
You represent and warrant to Studio Wildcard that you are not located in a country that is subject to a U.S.
Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country,
and that you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Amendments of this Agreement
Studio Wildcard or Studio Wildcard may issue an amended Agreement at any time in its discretion by posting the
amended Agreement on its or Epic’s website or by providing you with digital access to the amended Agreement
when you next access the Licensed Materials. If any amendment to this Agreement is not acceptable to you, you
may terminate this Agreement and must stop using the Licensed Materials. Your continued use of the Licensed
Materials will demonstrate your acceptance of the amended Agreement.
17. No Assignment
You may not, without the prior written consent of Studio Wildcard, assign, transfer, charge, or sub-contract all or
any of your rights or obligations under this Agreement, and any attempt without that consent will be null and
void. If restrictions on transfer of the Licensed Materials or Mods in this Agreement are not enforceable under
the law of your country, then this Agreement will be binding on any recipient of the Licensed Materials or Mods.
Studio Wildcard may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations
under this Agreement.
18. Definitions
As used in this Agreement, the following capitalized words have the following meanings:
"Content" means any artwork or other content asset that Studio Wildcard makes available for you to access or
download through the Software or Epic Marketplace for your use with the Software.
"Editor" means the Ark: Survival Evolved-specific version of the Unreal Editor that Studio Wildcard makes
available for you to access or download for your use with the Software, and any patches, updates, upgrades and
documentation for such application. The term "Editor" specifically does not include (i) other versions of the
Unreal Editor, (ii) Content or (iii) the Software.
"Epic" means, depending on the location of your primary residence:
a. Epic Games, Inc., a Maryland Corporation having its principal business offices at
Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or
b. Epic Games International S.à r.l., a Luxembourg Société à Responsabilité limitée, located at
Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxenbourg,
acting through its Swiss branch, having its principal business offices at Lindenstrasse 16,
6341 Baar, Switzerland.
"Feedback" means any feedback or suggestions that you provide to Studio Wildcard regarding the Licensed
Materials or Mods.
"Licensed Materials" means the Software and Content. Licensed Materials do not include the Editor, which is
made available by Epic under the Unreal© Engine End User License Agreement, as supplemented by the terms
and conditions of this Agreement.
"Marketplace" means a digital marketplace maintained by Epic or its affiliates through which, among other
things, Epic makes certain Content available for use under the License.
"Mod" means content designed to be used with the Software to provide a gameplay experience that is
customized or otherwise modified from the Software as made available by Studio Wildcard.
"Software" means the proprietary computer game software application known as Ark: Survival Evolved first
made generally available by Studio Wildcard in 2015, and any patches, updates, upgrades, and documentation
for such application, made available to you by Studio Wildcard under this Agreement.
"Source Code" means the human readable form of a software program, including all modules it contains, plus
any associated interface definition files, scripts used to control compilation, and installation of an executable
(object code).
"Studio Wildcard" means Wildcard Properties, L.L.C., a Florida limited liability company, having it principal
business offices at 218 Main Street, Suite 340, Kirkland, Washington U.S.A. 98033.
"Studio Wildcard Licenses" means the License, the Unreal© Engine and the Unreal License.
19. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire agreement
between you and Studio Wildcard relating to the subject matter covered by this Agreement. All other
communications, proposals, and representations with respect to the subject matter covered by this Agreement
are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You
waive any right you may have under the law of your country to have this Agreement written or construed in the
language of any other country.
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, those provisions shall be enforceable to the furthest
extent possible under applicable law.
Use of the Licensed Materials is void where prohibited by law.
Any act by Studio Wildcard to exercise, or failure or delay in exercise of, any of its rights under this Agreement,
at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at
law or in equity.
Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of
competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the
remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not
confer any rights or remedies on any person other than the parties to this Agreement, except as expressly
stated.
Studio Wildcard's obligations are subject to existing laws and legal process, and Studio Wildcard may comply
with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
Questions, complaints, or claims with respect to the Software should be directed to Studio Wildcard at:
http://tiny.cc/b1f9zx
Would you like to make your own game like ARK? Check out unrealengine.com for information how you can get
started!"