Genesis Network™ End User License Agreement | – Nibiru Entertainment™

Effective Date: August 8th, 2020

Last Updated: September 9th, 2020




This End-User License Agreement (hereinafter, “Agreement”) creates a legally binding Agreement between you, as an end user of our services (hereinafter, “End User”), and the following company: Nibiru Entertainment Corp. (hereinafter, “Company”). You will be referred to through second-person pronouns such as “your” and “yours.” We, the Company, will be referred to with pronouns such as “us,” “our,” and “ours.” Collectively, you and the Company may be referred to as the “Parties” and individually as “Party.” Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Genesis Network™ and related content.


By accessing, downloading, installing, or otherwise using our Software in any way, you are agreeing to be bound by the terms of this Agreement in its entirety. If you do not or cannot agree to the terms of this Agreement, please do not download or use this software or any related content and you must cease use of the Software immediately. The License becomes effective on the date you accept this Agreement or download the Source Code or any Content. The License does not grant you any title or ownership in the Licensed Software.


Our Software is built inside of the Unreal® Engine and requires it in order to function. Our Software is subject to the Epic Games Unreal® Engine End User License Agreement for Publishing, that can be found at the following link: You agree and acknowledge that the Company has no affiliation with the other, nor is either involved in the business or affairs of the other in any way. You also agree and acknowledge that you must fully comply with the Epic Games Unreal® Engine End User License Agreement for Publishing.


This License shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Company.



This license governs the use of all of our Authored Work and software products (hereinafter, “Software”), specifically:


Genesis Network™:

a. The interconnected, modular Network of applied nodes (“Blueprints”), and their functional Arrangement in whole or in part.

b. The developed Look, Mechanics, Art Direction and Gameplay as well as Stories, Texts and Descriptions,

Ideas and Concepts  as presented in the Network and the Download Packages .

c. All provided Artworks (2D and 3D), Characters and Assets and their functional Arrangement in whole or in part.



The dynamic and modular Interfaces, their Functionality, Layouts and Design, and their functional Arrangement in whole or in part.


The products listed above that are exclusive and original work by the Company (Excluding any Third Party Content as set forth below).


When you lawfully access the Software, whether through purchase or other lawful means, the Company grants you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, non-sublicensable, limited in time (as set forth below), royalty-bearing, limited, revocable license to use the Software (“License”), reproduce, display, perform, and modify the Licensed Software for any lawful purpose and to develop (or have developed on their behalf) Games and Entertainment Products for manufacture, advertising, marketing and sale as Licensed Products, subject to the terms and conditions of this Agreement.


Except as permitted under a separate written authorization from the Company, You shall not use the Intellectual Property Rights for any other purpose. This License extends to the use of documentation, data, or information developed by the Company, and other materials which may assist in your use of the Software. You may only make use of the License if you comply with all applicable terms. This License may not be transferred to any third parties without express, lawful, written permission from the Company and this License terminates upon your cessation of use of the Software. The Software used for any purpose not directly related to these terms must be with the express written permission of the Licensor and may include the payment of additional fees unless otherwise agreed to in writing.

The Company retains title and ownership of the Software.



You may only Distribute the Licensed Software as follows:


Distribution to end users – You may Distribute the Licensed Software incorporated in object code format only as an inseparable part of a Product to end users who are subject to an end user license agreement which explicitly disclaims any representations, warranties, conditions, and liabilities related to the Licensed Software. The Product may not contain any Paid Content Distributed in uncooked source format or any Engine Tools.


You must be in full compliance with the Terms of this Agreement and with the Epic Games Unreal® Engine End User License Agreement for Publishing, that can be found at the following link:



Please be in full compliance with the law, the Terms of this Agreement and with the Epic Games Unreal® Engine End User License Agreement for Publishing, that can be found at the following link:



You may not engage in any activity with respect to the Licensed Software, including as incorporated into a Product,


(1) in violation of any applicable law or regulation;

(2) in which the Licensed Software is rented or leased;

(3) that misappropriates any of the Company’s other products or services;

(4) in support of a claim by you or any third party that the Licensed Software infringes a patent. You also may not sell or grant a security interest in the Licensed Software.



The Licensee may freely make modifications to the Software without any prior approval from the Licensor, as long as their use is otherwise within the bounds of this Agreement, is of lawful nature and in full compliance with the Epic Games Unreal® Engine End User License Agreement for Publishing that can be found at the following link:



The User may store the Licensed Software on any of the User’s computers, but the Licensed Software cannot be shared with others (including any other employees or agents) except through a permitted Distribution as described above. The Software is Licensed to you for use for the following duration (“Duration”) and amount of Licensed users as per (“User Seat”) according to the following arrangement:


The Duration and amount of total User Seats Licensed to use the Software is based on the type of license price tier option which You choose. You can also purchase multiple licenses and also upgrade them at any time.


Your choice includes the following license options upon which the Duration and Licensed User’s total Seat amount will be based on (as set forth below):


Copper | BEGINNER – license price tier option

(that can be found at the following link: –

With 1 (one) User Seat and 1 (one) Month License Duration.


Bronze | SUPPORTER – license price tier option

(that can be found at the following link: –

With 2 (two) User Seats and 3 (three) Months License Duration.


Silver | INDIE – license price tier option

(that can be found at the following link: –

With 3 (three) User Seats and 6 (six) Months License Duration.


Gold | BUSINESS – license price tier option

(that can be found at the following link: –

With 6 (six) User Seats and 12 (twelve) Months License Duration.


Platinum | ENTERPRISE – license price tier option

(that can be found at the following link: –

With 12 (twelve) User Seats and no limitation in License Duration (For the Lifetime of the Software).



In order to access and download the Source Code and Content, you must set up an Account. You may not share or allow others to use your Account. You are responsible for the security of your Account. For questions regarding your Account, please go to and/or


Under the License, the User may use the Licensed Software for as long as you comply with this Agreement. If you are a legal entity, references to “you” in this agreement also apply to the User in all cases. You are responsible for the User’s compliance with this Agreement.



During the term of your License, you will be entitled to access future Versions of the Source Code and new Content that the Company chooses to make available to you. The Company does not have any obligation to make new Versions of the Source Code or new Content available. Nor does the Company have any obligation to continue to make available for access or download any or all Versions of the Source Code or Content. However, any Versions of the Source Code and Content that the Company has made available to you, and for which you have accepted any applicable amendment to this Agreement as described in Section, are considered part of the Licensed Software and may be used under the License (as amended by that amendment).



The Company may make Paid Content available to you for a fee. Your License to Paid Content is subject to your payment of the associated fee. When you pay the fee to obtain Paid Content, you are purchasing from the Company the right to have your License include that Paid Content. Regardless of any references the Company may make outside this Agreement to purchasing or selling Paid Content, Paid Content is Licensed, not sold, to you under the License.


When you provide payment information to the Company or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account, or other payment method specified by you, and you authorize the Company to charge such payment method for the full amount of the transaction.


From time to time, the Company may display links to Third Party Licensor Content on the Website or inside the Software. The Company does not license or provide Third Party Licensor Content to you under this Agreement. Any use of Third Party Licensor Content requires you to enter into a separate license agreement directly with the provider of the Third Party Licensor Content. The terms of your license agreement with the provider of the Third Party Licensor Content will govern all matters related to your use of Third Party Licensor Content rather than the terms of this Agreement.



The License is provided for a fee, in conjunction with the purchase of the Software. Such fee will be displayed to you prior to your purchase of the Software. Such fee may be recurring.



Licensee shall pay to Licensor a royalty which shall be calculated according to the following payment arrangement:


Your choice includes the following license options upon which your Royalty due rate will be based on (as set forth below):


Copper | BEGINNER – license price tier option

(that can be found at the following link: –

With a Royalty due equal to 15%.


Bronze | SUPPORTER – license price tier option

(that can be found at the following link: –

With a Royalty due equal to 13%.


Silver | INDIE – license price tier option

(that can be found at the following link: –

With a Royalty due equal to 10%.


Gold | BUSINESS – license price tier option

(that can be found at the following link: –

With a Royalty due equal to 7%.


Platinum | ENTERPRISE – license price tier option

(that can be found at the following link: –

With a Royalty due equal to 5%.


You agree to pay the Company a royalty equal to the amount of Royalty due that is based on the type of license price tier option which You choose, of all worldwide gross revenue actually attributable to each Product, regardless of whether that revenue is received by you or any other person or legal entity, as follows:


a. Gross revenue resulting from any and all sales of a Product to end users through any and all media, including but not limited to digital and retail;

b. Gross revenue resulting from any and all in-app purchases, downloadable content, microtransactions, subscriptions, sale, transfer, or exchange of content created by end users for use with a Product, or redemption of virtual currency, either within a Product or made externally but which directly affect the operation of the Product;

c. Gross revenue from any Kickstarter or other crowdfunding campaign which is directly associated with Product access or in-Product benefit (e.g., in a multi-tiered campaign, if an amount is established in an early tier solely for Product access, your royalty obligation will apply to that amount for each backer with the same access, but not on additional amounts in higher tiers based on ancillary benefits);

d. Your revenue from in-app advertising and affiliate programs;

e. Revenue from advance payments for a Product (from a publisher or otherwise);

f. Revenue received in connection with a Product’s inclusion in a streaming, subscription, or other game-delivery service (e.g., Apple Arcade, Microsoft GamePass, or any similar or successor services), including without limitation development funds and bonuses; and

g. Revenue in any other form actually attributable to a Product (unless excluded below).


However, no royalty is owed on the following forms of revenue:


1. The first $1000 in lifetime gross revenue for each Product;

2. Gross revenue attributable to a Product from a calendar quarter during which the gross revenue for such Product is less than $10;

3. Consulting fees or work-for-hire fees which are non-recoupable for services performed using the Licensed Software (e.g., an architect-created walkthrough simulation or a contractor-developed in-house training simulator);

4. Revenue from an Unrestricted Product, including for clarity, revenue from a Product which solely relies on the Licensed Software for production of non-interactive linear media (e.g., broadcast or streamed video files, cartoons, or movies) and which is Distributed in a form that does not contain the Licensed Software or, in order to deliver, rely on servers running the Licensed Software;

5. Revenue from a Product which is only Distributed to Engine Licensees (such as through the Unreal® Marketplace);

6. Revenue from ancillary products which are not software and which do not contain embedded information (such as QR codes) which affects the operation of the Product (e.g., comic books, soundtracks, apparel);

7. Financial winnings generated by awards for the Product;

8. Revenue from donations for a Product which are not tied to Product access or in-Product benefits;

9. Revenue from Location-Based Experiences, such as interactive amusement park rides, coin-op arcades, or VR experiences, which use the Licensed Software; and

10. Revenue collected from an end-user buyer of in-game items or other in-game content for your Product which is sold by an end-user seller and which is actually paid to the end-user seller and is not retained by you or any other party.


The royalty is based on gross revenue from end users, regardless of whether you sell your Product to end users directly, self-publish via the App Store or any similar store, or work with a publisher. The following simplified example illustrates the application of the royalty to gross sales: if your Product earns $100 on the Google Play Store, Google may pay you $70 (having deducted 30% as a distribution fee), but your royalty to the Company would still be 5% of $100 (or $5.00).


Royalties that you pay on an advance payment of revenue for a Product that is recoupable by the payer, such as a publisher, may be credited against future royalty payments that you incur under this Agreement for that Product.


With each royalty payment, Licensee will submit to Licensor a filed report that sets forth the calculation of the amount of the royalty payment.


Royalties must be reported through the following form: and paid on a per-Product basis.


Royalty exemptions may not be aggregated across multiple Products.


Within 45 days after the end of each calendar quarter in which a Product earns revenue outside of the above-listed royalty exclusions, you must pay to the Company the full amount of the royalty due for that quarter and send the Company a royalty report on a per Product basis. Detailed information on royalty reporting and payment can be found at and


The royalty will be payable under this Agreement with respect to each Product for as long as any Source Code or Content (including as modified by you under the License) incorporated in or used to make the Product are protected under copyright or other applicable intellectual property law.



The Company reserves the right to charge a 5% late fee, per calendar quarter (compounding), for any amounts unpaid after the required due date.


You are responsible for all taxes on all payments required to be made by you under this Agreement (other than taxes that the Company is obligated to pay on its income, which are the Company’s responsibility). If you are required by a government agency to reduce your payment to the Company for any reason, you are required to provide sufficient documentation to the Company supporting the withholding. For questions please go to



You agree to keep accurate books and records related to your development, manufacture, Distribution, and sale of Products and related revenue. The Company may conduct reasonable audits of those books and records. Audits will be conducted during business hours on reasonable prior notice to you. The Company will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited, in which case you will be responsible for the cost of the audit.



The Company does not have any support obligations with respect to the Licensed Software under this Agreement. Support resources may be obtained at



This License specifically does not include Software maintenance and support. Please contact the Company for additional details at



If you provide the Company with any Feedback, the Company is free to use the Feedback however it chooses. If you make any Contribution available to the Company, you hereby assign to the Company all right, title, and interest (including all copyright, patent, and other intellectual property rights) in that Contribution for all current and future methods and forms of exploitation in any country. If any of those rights are not effectively assigned under applicable law, you hereby grant the Company 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 Contribution for all current and future methods and forms of exploitation in any country. If any of those 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 of those rights. However, you may continue to freely use any Feedback that you provide to the Company, and you may continue to use, in any manner consistent with the License, any Contribution that you make available to the Company.


You understand and agree that the Company is not required to make any use of any Feedback or Contribution that you provide. You agree that if the Company makes use of your Feedback or Contribution, the Company is not required to credit or compensate you for your contribution.


You represent and warrant that you have sufficient rights in any Feedback or Contribution that you provide to the Company to grant the Company and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.



The Software includes Third Party Software components such as the Unreal® Engine by Epic Games. By entering into this Agreement and using Third Party Software, you are accepting the terms of those licenses. In this case, the Third Party Software terms will govern your use of the Third Party Software, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third Party Software. You agree that the owners of the Third Party Software are intended third party beneficiaries to this Agreement in relation to your uses of Third Party Software. You must be in full compliance with the Terms of this Agreement and with the Epic Games Unreal® Engine End User License Agreement for Publishing, that can be found at the following link:



The Company or its licensors own all title, ownership rights, and intellectual property rights in the Software and Content. You own all rights in the Products you develop under the License, other than the Software and Content, Third Party Software, and any Contributions. All rights granted to you under this Agreement are granted by express license only and not by sale, and all of those rights are limited by the terms of this Agreement. No license or other rights will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense under this Agreement that is not consistent with the terms of this Agreement will be null and void.



You agree to retain and reproduce in all copies of the Licensed Software the copyright, trademark, and other proprietary notices and disclaimers of the Company and third parties as they appear in the Software and the Content.


You agree to place the following notices in the credits (replacing xxxx with the current year) for any Product, to the extent such product has credits:


“[Product name] uses the Genesis Network™ – A trademark or registered trademark of Nibiru Entertainment Corp. in the United States of America and elsewhere”

“Genesis Network™, Copyright 2020 – xxxx, Nibiru Entertainment Corp. All rights reserved.”


No other license or right in the Company Trademarks is granted under this Agreement. All use of the Company Trademarks will inure to the sole benefit of the Company. You agree not to engage in any activity that could tarnish, dilute, or affect the validity or enforceability of the Company Trademarks or cause consumer confusion or diminish any goodwill relating to any Company Trademarks. If you wish to make further use of the Company Trademarks, please go to and contact us.


The Company may use your trademarks, service marks, trade names, and logos used with any Product, as well as publicly released screen shots and video content from the Product, in connection with the Company’s marketing, advertisement, and promotion of the Genesis Network™ in any and all media without restriction.



If the Licensee fails to abide by the obligations of this Agreement, including the obligation to make any royalty payments when due, the Licensor shall have the option to cancel this Agreement by providing 30 days’ written notice to the Licensee.

The Licensee shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated above and if there are no other defaults during such time period.



The term “Confidential Information” refers to any information or materials that are proprietary to the Licensor, whether or not owned or developed by the Licensor, and which the Licensee may obtain through any direct or indirect contact with the Licensor or the Software.

Regardless of whether specifically identified as confidential or proprietary, “Confidential Information” shall include any information provided by the Licensor concerning the business, Software, and information of the Licensor and any third party with which the Licensor deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code, object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and client lists. The nature of the information and the manner of the disclosure are such that a reasonable person would understand it to be confidential.


Confidential Information does not include the following:


a. Matters of public knowledge that result from disclosure by the Company.

b. Information rightfully received from a third party without a duty of confidentiality

c. Information independently developed by You

d. Information disclosed by operation of law

e. Information disclosed with prior written consent from the Company.

f. Any other information that both Parties agree in writing is not confidential



You understand and acknowledge that the Confidential Information has been developed or obtained by the Company thrugh the investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of the Company which provides the Company with a significant competitive advantage, and needs to be protected from improper disclosure.


In consideration for the receipt by You of any Confidential Information, You agree as follows:


a. No Disclosure: You will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Company.

b. No Copying or Modifying: You will not copy or modify any Confidential Information without the prior written consent of the Company.

c. Unauthorized Use: You shall promptly advise the Company if You become aware of any possible unauthorized disclosure or use of the Confidential Information.

d. Application to Employees: You shall not disclose any Confidential Information to any employees of You, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Company.



This Agreement shall be binding on any successors of the Parties.

Neither Party shall have the right to assign its interests in this Agreement to any other Party, unless the prior written consent of the other Party is obtained.



This Agreement contains the entire Agreement between the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other Agreement, whether oral or written.



The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests.

If any provisions of this Agreement shall be held to be valid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.



The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.



This Agreement shall be governed by the laws of the State of Nevada.



The Company’s logo and all terms and logos marked with a ™ or ®, are Trademarks or registered Trademarks of the Company. All other Trademarks and logos or registered Trademarks and logos found on the Site or mentioned herein belong to their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that owns the Trademarks displayed on this Site. The Company will enforce its intellectual property rights to the fullest extent permitted by law.



Additional terms may be applicable to the Parties’ relationship with each other, such as the Company Terms & Conditions or Terms of Use, the Company Privacy Policy, Legal Disclaimers, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible.


The Terms & Conditions/Terms of Use can be found at the following link:

The Privacy Policy can be found at the following link:

The Legal Disclaimer can be found at the following link:



You agree that the Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.



You agree not to use the Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Software in any way that could damage the Company website, services, or general business of the Company.


You further agree not to use the Software:


I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

IV) To perpetrate any fraud;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.



You agree not to undertake any of the following actions:


a) Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Company website;

b) Violate the security of the Software through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;

c) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.



Genesis Network™ includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. The Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, 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 Epic 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, the Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Genesis Network™, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Genesis Network™, or will not revoke approval of this Genesis Network™ for any or no reason. 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 by the Company and Epic. the Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.


To the maximum extent permitted by applicable law, neither the Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of the Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Disclaimer, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will the Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of the Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Disclaimer or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of the Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if the Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.


Because 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 liability of the Company, Epic, Epic’s licensors, its and their affiliates, and any of the Company’s or Epic’s service providers shall be limited to the full extent permitted by law.



The Company is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last three (3) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.



You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

You agree to reimburse the Company on demand for any defense costs incurred by the Company and any payments made or loss suffered by the Company, whether in a court judgment or settlement, based on any matter covered by this Section.

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.



You agree to comply with all applicable federal and foreign laws, regulations, and rules, and complete any required undertakings. You will obtain any necessary export license or other governmental approval prior to accessing, downloading, exporting, re-exporting, or releasing the Licensed Software. You represent and warrant that you do not appear on any United States list of prohibited or restricted parties (including the Specially Designated Nationals List).



A. Term of the License.

This Agreement will continue in effect unless terminated as described below.


B. Termination by the Company.

The Company may terminate the Agreement by providing written notice if you materially breach any provision of this Agreement and the breach is not curable or, if it is curable, you fail to cure the breach within thirty (30) days of notice of the breach from the Company. Without limiting the foregoing, your failure to make any payment due under this Agreement or breach of any restriction under the Company Licenses constitutes a material breach of this Agreement.


C. Termination for Patent Action.

The Agreement will terminate automatically as of the date you commence any claim that the Licensed Software infringes a patent, or otherwise support any claim by a third party that the Licensed Software infringes a patent.


D. Effect of Termination.

Upon any termination, the Company Licenses will automatically terminate, you may no longer exercise any of the rights granted to you by the Company Licenses, and you must destroy all copies of the Licensed Software in your possession and cease distributing any Products developed under this Agreement (other than Unrestricted Products). Within 30 days of termination, unless otherwise agreed by the Company, you must destroy all Products in your inventory (other than Unrestricted Products).


E. No Refunds

Except to the extent required by law, all payments, fees and royalties are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.


F. Surviving Provisions

Sections 7-10, 13-19, 22-27, 29-32, and 43-48 will survive termination of this Agreement.



You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Licensed Software or this Agreement. You also agree not to seek to combine any action or arbitration related to the Licensed Software or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.



All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Company not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of Nevada shall govern any matter or dispute relating to or arising from this EULA or the Company’s relationship with End User.

You agree to the exclusive jurisdiction and venue of the courts located in Nevada. 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.



You are strictly prohibited from using the Software or any of the Company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.



The Company may need to interrupt access to the Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.



You agree that your use of the Software is at your sole and exclusive risk and that the Software is provided on “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Software will meet your needs or that access to the Software will be uninterrupted or error-free. The Company also makes no warranties as to the reliability or accuracy of any information contained within the Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Software is your sole responsibility and that the Company is not liable for any such damage or loss.



The Licensed Software and related documentation 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 Software is 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 and the Company are independent contractors and are not the legal representative, agent, joint venturer, partner, or employee of the other. Neither party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other party.



The Company may issue an amended Agreement at any time in its discretion by providing notice to you or by providing you with digital access to the amended Agreement when you next log in to your Account, access the Website, or download additional Content or new Versions. By logging in to your Account, using the Website, or downloading or using additional Content or a new Version, you hereby agree to be bound by the amended Agreement then most recently issued by the Company.



Where this Agreement calls for notice from the Company, including written notice, the Company may provide notice to you at the email address that you provided when you registered for the License (or any updated email address you subsequently provide). The Company’s notices to you will be effective when they are sent to that email address.



You may not, without the prior written consent of the Company, 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. You also may not transfer your Account. The Company may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement. For clarity, you are not prohibited by the Company from assigning or transferring your rights in your Product. Third Party Software assignment and transfer is governed by the terms of the applicable licenses.



Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.



The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.



As used in this Agreement, the following capitalized words have the following meanings:


“Account” means a user account with a unique ID and associated password selected by you, which enables you to download the Software and Content under the License.

“Content” means any code, artwork, or other content that the Company makes available to you for use with the Software.

“Contribution” means any code, whether in Source Code format or object code format, or any other information or content, that you make available to the Company by any means (e.g., via submissions to forums, wiki, or the Company’s Website or Social Profiles, or through email or otherwise). In addition, mere use of code or content with the Licensed Software, without making that code or content available to the Company, does not constitute a Contribution.

“Distribute” means to provide or otherwise make a copy available, or to make its functionality available on a network.

“Engine Code” means the Source Code and object code of the Unreal® Engine, including any future Versions, as made available to you under the Epic Games Unreal® Engine End User License Agreement for Publishing that can be found at the following link:, and any object code compiled from that Source Code.

“Engine Licensee” means a third party who is separately licensed by Epic to use the Engine Code and Content.

“Engine Tools” means (a) editors and other tools included in the Engine Code; (b) any code and modules in either the Developer or Editor folders, including in object code format, whether statically or dynamically linked; and (c) other software that may be used to develop standalone products based on the Licensed Software.

“Epic” means, depending on the location of your primary residence or primary place of business:

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 Responsibilité Limitée, located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxembourg, acting through its Swiss branch, having its principal business offices at Platz 3, 6039 Root, Switzerland.

“Website” means the Company’s website or, through which, among other things, the Company makes certain Content and Software available for use under the License.

“Paid Content” means Content made available to you through the Website for an additional fee, including but not limited to Paid Plug-ins, Artwork or Assets.

“Product” means any product developed under this Agreement that is made using the Licensed Software or that combines the Licensed Software with any other software or content, regardless of how much or little of the Licensed Software is used.

“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).

“Third Party Licensor Content” means third party content to which the Company displays links on the Website and that is designated on the Website as content licensed directly from the third party content provider.

“Third Party Software” means third party software components included in the Software.

“Unreal® Engine” means the proprietary computer software program known as the Unreal® Engine and any updates or upgrades to the program made available by Epic.

“Blueprints” means the proprietary complete gameplay scripting system based on the concept of using node-based interface to create gameplay elements from within the Unreal® Editor made available by Epic.

“User” means an individual user who uses a valid Account to access the Software, Content, and the Website. If you are an individual, “User” means you. For legal entities, “User” means the individual employee or agent through whom you are exercising rights under this Agreement.

“Version” means any updated or upgraded version of the Software or Content that the Company chooses to make available to the public.

“You,” “your” or “yourself”, whether or not capitalized in this Agreement, means you as an individual or the legal entity exercising rights under this Agreement through you. For legal entities, “you,” “your” and “yourself” include any entity that controls, is controlled by, or is under common control with you, where “control” means the power, direct or indirect, to cause the direction or management of the entity in question, whether by contract or otherwise, or ownership of 50% or more of the outstanding shares or beneficial ownership of the entity in question.

“Confidential Information” means any information or materials that are proprietary to the Licensor, whether or not owned or developed by the Licensor, and which the Licensee may obtain through any direct or indirect contact with the Licensor or the Software.

“The Company” means Nibiru Entertainment Corp. a Nevada Corporation located at 304 S. Jones blvd #4266, Las Vegas, NV, 89107, USA

“Genesis Network™” means the Licensed Software created and Distributed by the Company and any updates or upgrades to the Software made available by the Company.

“Flux™” means the user interface system provided within the Software by the Company and any updates or upgrades to the System made available by the Company.



This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and the Company 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.


Any act by the Company 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.


The Company’s obligations are subject to existing laws and legal process, and the Company may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.



Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: