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No love lost: AppLovin helpfully releases tool to switch from Unity to Godot or Unreal
(www.pocketgamer.biz)
This is a most excellent place for technology news and articles.
It's allowed by a specific clause in their TOS which assigns a EULA version dependent on the engine version. The EULA itself is different for different versions.
The point is that devs choosing to stay on an old version would not be good for Epic, so they are unlikely to directly create the circumstances where that is the logical result.
Unity also had that clause
In fact, they tried to delete it after their announcement
Yup, they actually removed the entire GitHub repo that they made specifically to track those changes for transparency.
The clause is:
My understanding is this is fundamentally different to the Unity clause you're pointing out.
Another thing is that Unreal is ~~open source~~ source accessible. If there's a bug in 5.0 that is resolved in 5.1 but you don't want to accept the amended terms for 5.1, it's possible to fix the bug and build the engine yourself. In the event of a significant change like the one with Unity, I imagine some dev group would just fork it and maintain it themselves.