summarylogtreecommitdiffstats
diff options
context:
space:
mode:
authorOscar Morante2016-07-22 12:32:04 +0300
committerOscar Morante2016-07-22 14:34:29 +0300
commite179f96fca4f3d7bd5c688bfa0f7c7f196ff6e80 (patch)
treea0b55a0212725901dff013b56a567fa79afcd2e3
parentcc0e0900aba70810164d0ec3466a2791fd73a782 (diff)
downloadaur-e179f96fca4f3d7bd5c688bfa0f7c7f196ff6e80.tar.gz
update EULA
-rw-r--r--EULA850
1 files changed, 362 insertions, 488 deletions
diff --git a/EULA b/EULA
index 3c4f6e3f87f6..0802d135e047 100644
--- a/EULA
+++ b/EULA
@@ -1,583 +1,457 @@
-*** for an up-to-date EULA refer to (https://unity3d.com/legal/eula) ***
+*** This is only the Software section of Unity's Terms of Service
+*** for the complete Terms Of Service refer to (https://unity3d.com/legal/terms-of-service)
+ Unity Pro, Unity Plus and Unity Personal Software
- Unity Pro and Unity Personal Software License Agreement 5.x
+ Additional Terms
- Last updated: October 7, 2015
+ Last Updated June 28, 2016
-Summary of Important Use Restrictions
+SUMMARY OF IMPORTANT USE RESTRICTIONS
- Please Read the Entire Agreement and Definitions Below
+ Please read all of the Software Terms set forth below
- Scope of License
+ Scope
- This Software License Agreement governs your use of the Software.
- Depending upon your requirements and circumstances, you will be permitted
- to use either Unity Pro or Unity Personal (formerly known as Unity Free).
- This Software License Agreement governs use of both Unity Pro and Unity
- Personal.
+ As part of the Services offered by Unity pursuant to the Agreement, Unity
+ also provides a downloadable software component (the “Unity Software”),
+ which is provided on a non-royalty-bearing basis.  These Additional Terms
+ govern your use of the Unity Software (the “Software Terms”). Depending on
+ your requirements and circumstances, you will be permitted to use either
+ Unity Pro, Unity Plus or Unity Personal.
- Primary Differences Between Unity Pro and Unity Personal
+ Primary Differences Between Unity Pro, Unity Plus and Unity Personal
- Although Unity Personal has most of the features and functionality that
- Unity Pro has, Unity Personal: (a) includes certain features that cannot
- be disabled when your application is launched, including a Unity branded
- startup screen and certain analytics data collection; (b) does not provide
- team collaboration functionality; and (c) users will be required to
- complete a user survey to activate the Software. Unity Pro users who are
- not eligible to use Unity Personal may not develop and publish Licensee
- Content for the iOS and Android platforms without purchasing the
- applicable Unity Pro Add-On Product license. Unity may monitor your
- compliance with and enforce these restrictions and requirements including
- but not limited to monitoring the number of downloads of your Licensee
- Content and any available revenue estimate data.
+ All three tiers of the Unity Software share most of the same features and
+ functionality.  To see the differences between each tier, please visit
+ [1]Unity’s online store.
- Which Version You Can Use - Unity Personal Revenue Restrictions
+ Which Version You Can Use - Revenue Restrictions
- Except for a thirty (30) day trial period, Unity Personal (including the
- iOS and Android platform deployment options) may not be used by:
+ Unity Personal may not be used by:
 1. a Commercial Entity that has either: (a) reached annual gross revenues
in excess of US$100,000, or (b) raised funds (including but not
limited to crowdfunding) in excess of US$100,000, in each case during
the most recently completed fiscal year;
-  2. a Non-Commercial Entity with a total annual budget in excess of
- US$100,000 (for the entire Non-Commercial Entity (not just a
- department)) for the most recently completed fiscal year; or
+
+  2. a Non-Commercial Entity (this means academic and governmental entities
+ as defined below) with a total annual budget in excess of US$100,000
+ (for the entire Non-Commercial Entity (not just a department)) for the
+ most recently completed fiscal year; or
+
 3. an individual (not acting on behalf of a Legal Entity) or a Sole
Proprietor that has reached annual gross revenues in excess of
US$100,000 from its use of the Unity Software during the most recently
completed fiscal year, which does not include any income earned by
that individual which is unrelated to its use of the Unity Software.
- You May Not Use Unity Personal with Unity Pro or any Unity Pro Add-On Products
+ Unity Plus is subject to payment of the applicable subscription fees, but
+ may not be used by:
+
+  1. a Commercial Entity that has either: (a) reached annual gross revenues
+ in excess of US$200,000, or (b) raised funds (including but not
+ limited to crowdfunding) in excess of US$200,000, in each case during
+ the most recently completed fiscal year;
+  2. a Non-Commercial Entity (this means academic and governmental entities
+ as defined below) with a total annual budget in excess of US$200,000
+ (for the entire Non-Commercial Entity (not just a department)) for the
+ most recently completed fiscal year; or
+  3. an individual (not acting on behalf of a Legal Entity) or a Sole
+ Proprietor that has reached annual gross revenues in excess of
+ US$200,000 from its use of the Unity Software during the most recently
+ completed fiscal year, which does not include any income earned by
+ that individual which is unrelated to its use of the Unity Software.
+
+ Unity Pro may be used by anyone who pays the applicable subscription fees.
+
+ Unity may monitor your compliance with and enforce these restrictions and
+ requirements including but not limited to monitoring the number of
+ downloads of Your Project Content and any available revenue estimate data.
- You may not combine or integrate Licensee Content that you develop with
- Unity Personal simultaneously with any Licensee Content that you develop
- with Unity Pro or any Unity Pro Add-On Products. Licensee Content
- developed with Unity Personal will be tagged with an identifier that is
- used to enforce this restriction.
+ Auto-Renewal
- One User Per License
+ At the end of the subscription term for Unity Plus or Unity Pro, your
+ subscription will automatically renew on a month to month basis at the
+ then-current list price, unless you renew the subscription for a new
+ subscription term or terminate and cancel it.  You may add new
+ subscription seats while on this month-to-month plan without starting a
+ new subscription term.  However, if you terminate your month-to-month
+ plan, you will have to commit to a new subscription term if you choose to
+ start using Unity Plus or Unity Pro again.
- A specific license key is required for each individual using any version
- of the Software. Unity Pro users may install the Software on both a
- primary and a secondary computer for use only by the same user. You may
- not use both installations simultaneously. If you purchase a standard,
- single license key educational license, you must purchase a license for
- each computer on which the Software is to be used.
+ You May Not Use Unity Personal, Unity Plus and/or Unity Pro Simultaneously
+
+ You may not combine or integrate Your Project Content developed with one
+ tier of Unity Software (e.g., Unity Personal) simultaneously with any of
+ Your Project Content that you develop with another tier (e.g., Unity Plus
+ or Unity Pro). Your Project Content developed with Unity Personal and/or
+ Unity Plus will be tagged with an identifier that is used to enforce this
+ restriction.
+
+ One User Per Seat
+
+ A seat is required for each individual using any version of the Unity
+ Software.  You may install the Unity Software on both a primary and a
+ secondary computer or operating system for use only by the same user. You
+ may not use both installations simultaneously. If you are an educational
+ institution and purchase a standard, single educational seat to use the
+ Unity Software , you must purchase a seat for each computer on which the
+ Unity Software is to be used.
Unity Console Add-on Developer Requirements
- Use of the Software with certain console platforms is subject to the Unity
- Console Add-on Developer Requirements as set forth on the Unity website.
- The license keys to enable certain Unity Console Add-ons may be
+ Use of the Unity Software with certain console platforms is subject to the
+ Unity Console Add-on Developer Requirements as set forth on the Unity
+ website. The enablement keys for certain Unity Console Add-ons may be
distributed by the console manufacturer.
Streaming and Cloud Gaming Restrictions
- You may not directly or indirectly distribute interactive Licensee Content
- by means of streaming or broadcasting where Licensee Content is primarily
+ You may not directly or indirectly distribute Your Project Content by
+ means of streaming or broadcasting where Your Project Content is primarily
executed on a server and transmitted as a video stream or via low level
graphics render commands over the open Internet to end user devices
without a separate license from Unity. This restriction does not prevent
- end users from remotely accessing Licensee Content from an end user device
- that is running on another end user device.
+ end users from remotely accessing Your Project Content from an end user
+ device that is running on another end user device.
- Embedded Software Restriction
+ Embedded Unity Software Restriction
- You may not directly or indirectly distribute Licensee Content installed
- on more than 1,000 electronic devices or systems if such Licensee Content
- provides the user interface or primary functionality of such electronic
- device or system without a separate license from Unity. This restriction
- does not prevent you from distributing Licensee Content pre-installed on
- personal computers and consumer electronic devices such as mobile phones,
- tablets, televisions or set top boxes as long as such Licensee Content
- does not provide the user interface or primary functionality of such
- device.
+ You may not directly or indirectly distribute Your Project Content
+ installed on more than 1,000 electronic devices or systems if Your Project
+ Content provides the user interface or primary functionality of such
+ electronic device or system without a separate license from Unity. This
+ restriction does not prevent you from distributing Your Project Content
+ pre-installed on personal computers and consumer electronic devices such
+ as mobile phones, tablets, televisions or set top boxes as long as Your
+ Project Content does not provide the user interface or primary
+ functionality of such device.
Gambling Restrictions
- You may not distribute or publish any Licensee Content in connection with
- any Gambling Activities without a separate license from Unity.
+ You may not distribute or publish any of Your Project Content in
+ connection with any Gambling Activities without a separate license from
+ Unity.
-UNITY SOFTWARE LICENSE AGREEMENT 5.x
+ UNITY SOFTWARE TERMS
- Acceptance and Legal Entity Representations
+ Your use of the Unity Software is subject to these Additional Terms (the
+ “Software Terms”), which supplement and incorporate the [2]Unity Terms of
+ Service.  By downloading, installing or using the Unity Software in any
+ manner, you represent and affirm that you have read, understand and agree
+ to be legally bound by and comply with these Software Terms.  If you do
+ not agree with these Software Terms, you are not authorized to use the
+ Unity Software in any manner.
- PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
- DOWNLOADING, INSTALLING OR USING THE SOFTWARE. THE TERMS AND CONDITIONS OF
- THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE
- UNLESS YOU AND UNITY TECHNOLOGIES APS (“UNITY”) HAVE EXECUTED A SEPARATE
- AGREEMENT GOVERNING USE OF THE SOFTWARE.
+Unity Personal and Unity Plus
- Unity is willing to license the Software to you only upon the condition
- that you accept all the terms contained in this Agreement. By checking the
- box with links to this Agreement, clicking “accept” or by downloading,
- installing or using the Software, you are agreeing that you understand
- this Agreement and accept all of its terms. If you are accepting the terms
- of this Agreement on behalf of a Legal Entity, you represent and warrant
- that you have the authority to bind that Legal Entity to the terms of this
- Agreement, and, in such event, “you” and “your” will refer to that Legal
- Entity. If you do not accept all the terms of this Agreement, then Unity
- is unwilling to license the Software to you, and you must destroy all
- copies of the Software in your possession or control.
-
- If you are accepting the terms of this Agreement for use of Unity
- Personal, you represent and warrant that:
+ If you are accepting these Software Terms for use of Unity Personal, you
+ represent and warrant that:
 1. if you are accepting the terms on behalf of a Legal Entity which is a
Commercial Entity, both (a) its annual gross revenues do not exceed
US$100,000, or (b) raised funds (including but not limited to
crowdfunding) do not exceed US$100,000, in each case during the most
recently completed fiscal year and in any equivalent currency;
+
 2. if you are accepting the terms on behalf of a Legal Entity which is a
Non-Commercial Entity, the total annual budget does not exceed
US$100,000 (for the entire Non-Commercial Entity (not just a
department)) for the most recently completed fiscal year (including in
any equivalent currency); and
+
 3. if you are an individual (not acting within a role in a Legal Entity)
or if you are accepting the term on behalf of a Legal Entity as a Sole
Proprietor, the annual gross revenues from your or its use of the
- Software do not exceed of US$100,000 during the most recently
+ Unity Software do not exceed of US$100,000 during the most recently
completed fiscal year (including in any equivalent currency), which
does not include any income made which is not related to its use of
- the Software.
+ the Unity Software.
- During the term of this Agreement, you expressly acknowledge and agree
- that if you are a Unity Personal user and the above thresholds are
- exceeded, then you may no longer use Unity Personal, and you must either
- purchase Unity Pro or destroy all copies of Unity Personal in your
- possession or control and cease distribution of any Licensee Content
- created with the Software. Unity will monitor your compliance with and
- enforce these restrictions and requirements including but not limited to
- monitoring the number of downloads of your Licensee Content and any
- available revenue estimate data.
+ If you are accepting these Software Terms for use of Unity Plus, you agree
+ to pay the applicable subscription fees and you represent and warrant
+ that:
- Unity Personal users will be required to complete a user survey in order
- to activate the Software.
+  1. if you are accepting the terms on behalf of a Legal Entity which is a
+ Commercial Entity, both (a) its annual gross revenues do not exceed
+ US$200,000, or (b) raised funds (including but not limited to
+ crowdfunding) do not exceed US$200,000, in each case during the most
+ recently completed fiscal year and in any equivalent currency;
+  2. if you are accepting the terms on behalf of a Legal Entity which is a
+ Non-Commercial Entity, the total annual budget does not exceed
+ US$200,000 (for the entire Non-Commercial Entity (not just a
+ department)) for the most recently completed fiscal year (including in
+ any equivalent currency); and
+  3. if you are an individual (not acting within a role in a Legal Entity)
+ or if you are accepting the term on behalf of a Legal Entity as a Sole
+ Proprietor, the annual gross revenues from your or its use of the
+ Unity Software do not exceed of US$200,000 during the most recently
+ completed fiscal year (including in any equivalent currency), which
+ does not include any income made which is not related to its use of
+ the Unity Software.
+
+ Unity Pro may be used by anyone who pays the applicable subscription fees.
+
+ During the term of this Agreement, you expressly acknowledge and agree
+ that if you are a Unity Personal or Unity Plus user and the above
+ thresholds are exceeded, then you may no longer use that tier of the Unity
+ Software, and you must either: (a) purchase Unity Plus (if eligible) or
+ Unity Pro; or (b) destroy all copies of the Unity Software in your
+ possession or control, and cease updating Your Project Content. Unity will
+ monitor your compliance with and enforce these restrictions and
+ requirements including but not limited to monitoring the number of
+ downloads of Your Project Content and any available revenue estimate data.
- If you are using Unity Pro, are not eligible to use Unity Personal and
- want to develop and publish content for the iOS and Android platforms, you
- must purchase the applicable Unity Pro Add-On Products to undertake the
- same.
+ Unity Personal users may be required to complete a user survey in order to
+ activate the Unity Software.
- 1. Grant of License.
+1. Rights to use the Unity Software.
 1. Use Rights. Conditioned upon your compliance with the terms and
- conditions of this Agreement and payment of all applicable fees, Unity
- grants you a non-exclusive, non-transferable license: (a) to install
- and execute the executable form of the Software, solely for internal
- use by a single person to develop Licensee Content during the
- applicable license term; and (b) if you have licensed a version of the
- Software other than a trial or educational version, to distribute the
- runtime portion of the Software, on a royalty-free basis, solely as
- embedded or incorporated into Licensee Content and solely to third
- parties to whom you license or sell Licensee Content pursuant to an
- agreement that is no less protective of Unity and its licensors as
+ conditions of this Agreement and payment of all applicable
+ subscription fees, Unity grants you a non-exclusive, non-transferable,
+ royalty-free license during the applicable term: (a) to install and
+ execute the executable form of the Unity Software, solely for internal
+ use by a single person to develop Your Project Content during the
+ applicable term; and (b) if you are using a version of the Unity
+ Software other than an educational version, to distribute the runtime
+ portion of the Unity Software, on a royalty-free basis, solely as
+ embedded or incorporated into Your Project Content and solely to third
+ parties to whom you license or sell Your Project Content pursuant to
+ an agreement that is no less protective of Unity and its licensors as
this Agreement. You may not sublicense the rights granted under clause
- 1(1)(a), but you may sublicense the rights granted under 1(1)(b)
- solely to third parties to whom you license or sell Licensee Content
- to act as distributors thereof pursuant to an agreement no less
+ 1.1(a), but you may sublicense the rights granted under 1.1(b) solely
+ to third parties to whom you license or sell Your Project Content to
+ act as distributors thereof pursuant to an agreement no less
protective of Unity and its licensors as this Agreement.
-  2. Copies of Unity Products. Unity Pro users may install the Software on
- both a primary computer and a secondary computer, solely for your
+
+  2. Copies of Unity Products. You may install the Unity Software on both a
+ primary and a secondary computer or operating system, solely for your
convenience, but only for use by a single person. You may make a
- single copy of the Software solely for backup or archival purposes.
- For the sake of clarity, you may only use one installation at any
- given time. We may in our sole discretion authorize you to install the
- Software on an additional computer or computers upon deactivation of
- the Software installed on existing computers.
-  3. Educational Product Restrictions. If you are using an educational
- version of the Software, your license to use the Software and
- distribute the runtime portion of the Software in your Licensee
- Content is limited to educational, non-commercial purposes.
-  4. Trial Use Restrictions. Anyone may use Unity Personal solely for
- non-commercial, evaluation purposes for a one-time period of thirty
- (30) days. Users not eligible to use Unity Personal must cease all use
- of Unity Personal thirty (30) days after the initial installation of
- Unity Personal. If you are using the Software on a trial basis, you
- may install the Software on a single computer only and you may not
- publish or distribute any Licensee Content.
-  5. Unity Console Add-on Developer Requirements. Use of the Software with
- certain console platforms is subject to the Unity Console Add-on
+ single copy of the Unity Software solely for backup or archival
+ purposes. For the sake of clarity, you may only use one installation
+ at any given time. We may in our sole discretion authorize you to
+ install the Unity Software on additional computers or operating
+ systems upon deactivation of the Unity Software installed on existing
+ computers.
+
+  3. Unity Console Add-on Developer Requirements. Use of the Unity Software
+ with certain console platforms is subject to the Unity Console Add-on
Developer Requirements as set forth on the Unity website. The license
keys to enable certain Unity Console Add-ons may be distributed by the
console manufacturer.
- 2. Restrictions.
-
-  1. Unity Personal Restrictions. You acknowledge and agree that as an
- express condition to the license rights granted under Section 1, you
- are not permitted to combine or integrate in any manner any Licensee
- Content developed with Unity Personal with any Licensee Content
- developed simultaneously with Unity Pro. For the avoidance of doubt:
- (a) if you are a permitted user of Unity Personal, you may commence a
- project using only Unity Personal and subsequently upgrade all (but
- not less than all) of your licenses to Unity Pro and the applicable
- Unity Pro Add-On Products, and (b) any user of the Software may use
- content licensed from third parties regardless of the version of the
- Software that was used to develop such third party content. You
- acknowledge and agree that Unity may tag Licensee Content created with
- Unity Personal with an identifier to prevent such a prohibited
- combination of Licensee Content.
-  2. Embedded Software Restriction. You may not directly or indirectly
- distribute Licensee Content installed on more than 1,000 electronic
- devices or systems if such Licensee Content provides the user
- interface or primary functionality of such electronic device or system
- without a separate license from Unity. This restriction does not
- prevent you from distributing Licensee Content pre-installed on
- personal computers and consumer electronic devices such as mobile
- phones, tablets, televisions or set top boxes as long as such Licensee
+  4. Third Party Software. The Unity Software incorporates or is bundled
+ with Third Party Software governed by separate terms, including open
+ source licenses. Such Third Party Software terms are identified in the
+ LICENSE.TXT file bundled with the Unity Software and incorporated into
+ this Agreement by reference. You agree that you have reviewed and
+ accepted those terms and that your use of the Unity Software will be
+ deemed acceptance thereof.
+
+2. Restrictions.
+
+  1. Unity Software Tier Restrictions. You acknowledge and agree that as an
+ express condition to the rights granted under Section 1, you are not
+ permitted to combine or integrate in any manner any of Your Project
+ Content developed with one tier of the Unity Software (e.g., Unity
+ Personal) with any of Your Project Content developed simultaneously
+ with another tier (e.g., Unity Plus or Unity Pro). For the avoidance
+ of doubt: (a) if you are a permitted user of Unity Personal, you may
+ commence a project using only Unity Personal and subsequently upgrade
+ all (but not less than all) of your seats to Unity Plus or Unity Pro,
+ and (b) any user of the Unity Software may use content licensed from
+ third parties regardless of the tier of Unity Software that was used
+ to develop such third party content. You acknowledge and agree that
+ Unity may tag Your Project Content created with Unity Personal and/or
+ Unity Plus with an identifier to prevent such a prohibited combination
+ of Your Project Content.
+
+  2. Educational Product Restrictions. If you are using an educational
+ version of the Unity Software, your right to use the Unity Software
+ and distribute the runtime portion of the Unity Software in Your
+ Project Content is limited to educational, non-commercial purposes.
+  Unity may include a watermark designating that Your Project Content
+ was created using the education version of the Unity Software.  
+
+  3. Embedded Software Restriction. You may not directly or indirectly
+ distribute Your Project Content installed on more than 1,000
+ electronic devices or systems if Your Project Content provides the
+ user interface or primary functionality of such electronic device or
+ system without a separate license from Unity. This restriction does
+ not prevent you from distributing Your Project Content pre-installed
+ on personal computers and consumer electronic devices such as mobile
+ phones, tablets, televisions or set top boxes as long as Your Project
Content does not provide the user interface or primary functionality
of such device.
-  3. Streaming and Cloud Gaming Restrictions. You may not directly or
- indirectly distribute interactive Licensee Content by means of
- streaming or broadcasting such Licensee Content that is primarily
+
+  4. Streaming and Cloud Gaming Restrictions. You may not directly or
+ indirectly distribute Your interactive Project Content by means of
+ streaming or broadcasting Your Project Content that is primarily
executed on a server and transmitted over the Internet or other
network to end user devices without a separate license from Unity.
This restriction does not prevent end users from remotely accessing
- Licensee Content from an end user device that is running on another
- end user device.
-  4. Gambling Restriction. You may not distribute or publish any Licensee
- Content in connection with any Gambling Activities without a separate
- license agreement from Unity.
-  5. General Restrictions. Except as expressly specified in this Agreement,
+ Your Project Content from an end user device that is running on
+ another end user device.
+
+  5. Gambling Restriction. You may not distribute or publish any of Your
+ Project Content in connection with any Gambling Activities without a
+ separate license agreement from Unity.
+
+  6. General Restrictions. Except as expressly specified in this Agreement,
you may not: (a) copy (except in the course of loading or installing)
- or modify or create derivative works of the Software; (b) distribute,
- transfer, sublicense, lease, lend, rent or otherwise provide access to
- the Software to any third party; (c) directly or indirectly make the
- functionality of the Software available to multiple users or third
- parties through any means, including but not limited to by uploading
- the Software to a network or file-sharing service or through any
- hosting, application services provider, service bureau,
- software-as-a-service (SaaS) or any other technology or service; (d)
- use the Software for competitive analysis or to develop a competing
- product or service; or (e) do anything that could cause or result in
- the Software (including the runtime portion thereof) being subject to
- any open source license (or similar license) that requires as a
- condition of use, modification or distribution that the Software
- (including the runtime portion thereof) or other software combined or
- distributed with the Software be: (i) disclosed or distributed in
- source code form; (ii) licensed for the purpose of making derivative
- works; or (iii) redistributable at no charge. You acknowledge and
- agree that portions of the Software, including but not limited to the
- source code and the specific design and structure of individual
- modules or programs, are confidential and constitute or contain trade
- secrets of Unity and its licensors. Accordingly, you agree not to
- disassemble, decompile or reverse engineer the Software, in whole or
- in part, or permit or authorize a third party to do so, except to the
- extent such activities are expressly permitted by this Agreement or by
- law notwithstanding this prohibition. Notwithstanding the restriction
+ or modify or create derivative works of the Unity Software; (b)
+ distribute, transfer, sublicense, lease, lend, rent or otherwise
+ provide access to the Unity Software to any third party; (c) directly
+ or indirectly make the functionality of the Unity Software available
+ to multiple users or third parties through any means, including but
+ not limited to by uploading the Unity Software to a network or
+ file-sharing service or through any hosting, application services
+ provider, service bureau, software-as-a-service (SaaS) or any other
+ technology or service; (d) use the Unity Software for competitive
+ analysis or to develop a competing product or service; or (e) do
+ anything that could cause or result in the Unity Software (including
+ the runtime portion thereof) being subject to any open source license
+ (or similar license) that requires as a condition of use, modification
+ or distribution that the Unity Software (including the runtime portion
+ thereof) or other software combined or distributed with the Unity
+ Software be: (i) disclosed or distributed in source code form; (ii)
+ licensed for the purpose of making derivative works; or (iii)
+ redistributable at no charge. You acknowledge and agree that portions
+ of the Unity Software, including but not limited to the source code
+ and the specific design and structure of individual modules or
+ programs, are confidential and constitute or contain trade secrets of
+ Unity and its licensors. Accordingly, you agree not to disassemble,
+ decompile or reverse engineer the Unity Software, in whole or in part,
+ or permit or authorize a third party to do so, except to the extent
+ such activities are expressly permitted by this Agreement or by law
+ notwithstanding this prohibition. Notwithstanding the restriction
prohibiting decompiling in the immediately preceding sentence, you may
decompile the Unity Common Language Infrastructure (CLI) assemblies
solely to inspect their functionality for purposes of understanding or
- improving performance of your Licensee Content or any editor extension
- to the Software.
-
- 3. Ownership.
-
- The Software is licensed, not sold. Unity and/or its licensors retain
- ownership of the Software including all intellectual property rights
- therein. The Software is protected by copyright law and international
- treaties. Unity reserves all rights in the Software not expressly granted
- to you in this Agreement. You will not delete or in any manner alter any
- Unity or third-party copyright, trademark or other proprietary rights
- notices or markings appearing on or in the Software (including the runtime
- portion thereof).
-
- 4. Fees and Taxes.
-
- You agree to pay all amounts due for the Software as set forth in the
- applicable Unity online store cart, quote and/or invoice. All license
- purchases are subject to the purchases, billing information and other
- terms set forth in the [1]Unity Terms of Use. If you purchase a
- subscription license, you also agree to the [2]subscription terms set
- forth on the Unity online store. Unity may offer other services in
- conjunction with Software and such services shall be subject to the
- applicable terms of service and fees. All fees payable under this
- Agreement are net amounts and are payable in full, without deduction for
- taxes or duties of any kind. You will be responsible for, and will
- promptly pay, all taxes and duties of any kind (including but not limited
- to sales, use and withholding taxes) associated with this Agreement or
- your receipt or use of the Software, except for taxes based on Unity’s net
- income. In the event that Unity is required to collect any tax for which
- you are responsible, you will pay such tax directly to Unity. If you pay
- any withholding taxes that are required to be paid under applicable law,
- you will promptly furnish Unity with written documentation of all such tax
- payments, including receipts.
-
- 5. Consent to Data Collection; Privacy Policy Obligations; Unity Analytics,
- Unity Ads and Unity Cloud Build Terms of Service; Verification.
+ improving performance of Your Project Content or any editor extension
+ to the Unity Software.
+
+3. Consent to Data Collection; Privacy Policy Obligations.
 1. You acknowledge and accept [3]Unity's privacy policy. You agree that
- the Software (including the Unity runtime in your Licensee Content)
- may send data to Unity to: (a) check for Software updates; (b) provide
- aggregated usage statistics of your use of the Software and the use of
- your Licensee Content by end users; (c) provide analytics and
- advertising services; and (d) validate license keys in order to
- prevent unauthorized use. You acknowledge and agree that Unity may
- deliver messages and contact you about the Software and other Unity
- product and service offerings.
-  2. You agree to distribute Licensee Content with a privacy policy
- explaining the data you collect through the Licensee Content and how
+ the Unity Software (including the Unity runtime in Your Project
+ Content) may send data to Unity to: (a) check for Unity Software
+ updates; (b) provide aggregated usage statistics of your use of the
+ Unity Software and the use of Your Project Content by end users; (c)
+ provide optional Developer Services; and (d) validate seats in order
+ to prevent unauthorized use. You acknowledge and agree that Unity may
+ deliver messages and contact you about the Unity Software and other
+ Unity product and service offerings.
+
+  2. You agree to distribute Your Project Content with a privacy policy
+ explaining the data you collect through Your Project Content and how
you collect, use, share, and protect it; and to include a disclosure
that Unity is your service provider and collects certain data from
- your Licensee Content, along with a link to [4]Unity's privacy policy,
+ Your Project Content, along with a link to [4]Unity's privacy policy,
which may be updated from time to time.
-  3. If you access the Unity Analytics service made available with the
- Software, you acknowledge and accept the [5]Unity Analytics Terms of
- Service.
-  4. If you decide to display advertisements via the Unity Ads service, you
- acknowledge and accept the [6]Unity Ads Publisher Terms of Service.
-  5. If you decide to use the Unity Cloud Build service, you acknowledge
- and accept the [7]Unity Cloud Build Terms of Service.
-  6. To ensure compliance with this Agreement, you agree that within thirty
- (30) days from the date of Unity or its authorized representative’s
- request, you shall provide all pertinent records and information
- requested in order to verify that your installation and use of any and
- all Software is in compliance with this Agreement along with a signed
- verification that all such information is complete and correct.
- Furthermore, if you are a Legal Entity, Unity or its authorized
- representatives may upon reasonable prior notice access and inspect
- your facilities and computer systems to review and verify your
- compliance with this Agreement. Any such inspection shall be conducted
- during regular business hours at your facilities or electronically via
- remote access. In the event you have impermissibly used Unity Personal
- (or other products) or have not paid the applicable fees for all
- Software you have deployed or used, you agree to promptly pay for such
- Software and the reasonable inspection costs.
-
- 6. Support.
-
- You may access the online forums and the Unity Answers knowledge base on
- the Unity web site. You may also email support@unity3d.com for assistance
- with license keys. Technical support may be offered by Unity at its sole
+
+4. Support.
+
+ You may access the online forums and the Unity Answers knowledge base
+ through the Site. You may also email support@unity3d.com for assistance
+ with your seats. Technical support may be offered by Unity at its sole
discretion as described on the Unity website. You acknowledge and agree
that Unity has no obligation under this Agreement to provide patches,
- updates, new releases or new versions of the Software.
-
- 7. Term.
-
- If you are using the Software on a trial basis (including using Unity
- Personal on a trial basis), the license granted under this Agreement will
- remain in effect for a period of 30 days, unless earlier terminated in
- accordance with this Agreement. For paid in full, perpetual licenses, the
- license granted under this Agreement will remain in effect unless earlier
- terminated in accordance with this Agreement. For subscription based
- licenses, the license granted under this Agreement is for the initial
- subscription period, and thereafter such license will automatically renew
- on a month to month basis unless you renew the subscription for a new
- subscription term or terminate and cancel the license as described on the
- Unity web site at the time of license purchase. Unity may cease offering
- perpetual licenses and/or updates and new versions for such perpetual
- licenses and may modify or terminate subscription or other Software
- license or service offerings at any time. The license granted under this
- Agreement will automatically terminate, with or without notice from Unity,
- if you breach any term of this Agreement or fail to pay all fees due for
- the license. Upon termination, you must at Unity’s option either promptly
- delete and destroy or return to Unity all copies of the Software in your
- possession or control. Unity may also disable the Software you have
- licensed upon expiration of a subscription term license or in the event
- you breach this Agreement.
-
- 8. No Warranty.
-
- THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. UNITY AND
- ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
- INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND
- ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF
- TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
- UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
- STATED IN THIS AGREEMENT.
-
- 9. Indemnity.
-
- To the maximum extent permitted by law, you agree to indemnify, defend and
- hold harmless Unity and its affiliates against any and all claims,
- actions, suits or proceedings, as well as any and all losses, liabilities,
- damages, costs and expenses, including, without limitation, reasonable
- legal fees, arising out of or accruing from your Licensee Content or your
- violation of this Agreement.
-
- 10. Limitation of Liability.
-
- UNITY AND ITS LICENSORS’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION
- AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE GREATER OF THE
- AMOUNTS PAID BY YOU FOR THE SOFTWARE OR ONE HUNDRED U.S. DOLLARS (US$100).
- IN NO EVENT WILL UNITY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
- INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS
- OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF
- PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS
- AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH
- LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT
- (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT
- UNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
- OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY
- LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS
- ESSENTIAL PURPOSE. SOME 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.
-
- 11. U.S. Government Rights.
-
- The Software and computer software documentation (“Documentation”) are
- “commercial items” as that term is defined in the Federal Acquisition
+ updates, new releases or new versions of the Unity Software.
+
+5. Term.
+
+ Subscription based seats for Unity Pro and Unity Plus will remain in
+ effect for the initial subscription period, and thereafter such seat will
+ automatically renew on a month to month basis at the then-current list
+ price, unless you renew the subscription for a new subscription term or
+ terminate and cancel it as described on the Site. Paid in full, perpetual
+ seats will remain in effect unless earlier terminated in accordance with
+ the Agreement. Upon termination, you must at Unity’s option either
+ promptly delete and destroy or return to Unity all copies of the Unity
+ Software in your possession or control.
+
+6. U.S. Government Rights.
+
+ The Unity Software and computer software documentation (“Documentation”)
+ are “commercial items” as that term is defined in the Federal Acquisition
Regulation (“FAR”) 2.101, consisting of “commercial computer software” and
“commercial computer software documentation,” respectively, as such terms
are used in FAR 12.212 and DFARS 227.7202.If acquired by or on behalf of a
- civilian agency, the U.S. Government acquires or will acquire the Software
- and/or Documentation and other technical data subject to the terms of this
- Agreement as required in 48 C.F.R. 12.212 (Computer Software) and 12.211
- (Technical Data) of the FAR and its successors. If acquired by or on
- behalf of any agency within the Department of Defense (“DOD”), the U.S.
- Government acquires or will acquire the Software and/or Documentation
- subject to the terms of this Agreement as specified in 48 C.F.R.
- 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its successors. This
- U.S. Government Rights clause is in lieu of, and supersedes, any other
- FAR, DFARS, or other clause or provision that addresses Government rights
- in computer software or technical data.
-
- 12. Export Law.
+ civilian agency, the U.S. Government acquires or will acquire the Unity
+ Software and/or Documentation and other technical data subject to the
+ terms of this Agreement as required in 48 C.F.R. 12.212 (Computer Unity
+ Software) and 12.211 (Technical Data) of the FAR and its successors. If
+ acquired by or on behalf of any agency within the Department of Defense
+ (“DOD”), the U.S. Government acquires or will acquire the Unity Software
+ and/or Documentation subject to the terms of this Agreement as specified
+ in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its
+ successors. This U.S. Government Rights clause is in lieu of, and
+ supersedes, any other FAR, DFARS, or other clause or provision that
+ addresses Government rights in computer software or technical data.
+
+7. Export Law.
You agree to comply fully with all export laws and regulations to ensure
- that neither the Software nor any technical data related thereto nor any
- direct product thereof are exported or re-exported directly or indirectly
- in violation of, or used for any purposes prohibited by, such laws and
- regulations.
-
- 13. Choice of Law and Dispute Resolution.
-
-  1. Choice of Law. This Agreement will be governed by and construed in
- accordance with the laws of Denmark, without regard to or application
- of conflict of laws rules or principles. The United Nations Convention
- on Contracts for the International Sale of Goods will not apply.
-  2. Arbitration of Disputes. Except as set forth below in Section 13(5),
- any dispute arising out of or in connection with this Agreement,
- including any disputes regarding the existence, validity or
- termination thereof, shall be settled by arbitration.
-  3. Arbitration Rules. The parties agree to arbitrate all disputes by
- simplified arbitration arranged by The Danish Institute of Arbitration
- in accordance with the rules of simplified arbitration procedure
- adopted by The Danish Institute of Arbitration and in force at the
- time when such proceedings are commenced.
-  4. Class Action Waiver. The parties further agree that any arbitration
- shall be conducted in their individual capacities only and not as a
- class action or other representative action, and the parties expressly
- waive their right to file a class action or seek relief on a class
- basis. YOU AND UNITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
- OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
- OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- If any court or arbitrator determines that the class action waiver set
- forth in this paragraph is void or unenforceable for any reason or
- that an arbitration can proceed on a class basis, then the arbitration
- provision set forth above shall be deemed null and void in its
- entirety and the parties shall be deemed to have not agreed to
- arbitrate disputes.
-  5. Arbitration Exceptions. Notwithstanding the parties’ agreement to
- resolve all disputes through arbitration, either party may bring an
- action in court: (a) to enforce its intellectual property rights
- (“intellectual property rights” means patents, copyrights, moral
- rights, trademarks, and trade secrets, but not privacy or publicity
- rights), including without limitation to seek injunctive relief; or
- (b) in cases that do not involve intellectual property rights, to seek
- temporary, preliminary or other expedited or provisional injunctive
- relief (but not money damages). If you reside (or your principal place
- of business is) within the United States and the parties have an
- intellectual property rights dispute, you and Unity agree to submit to
- the personal and exclusive jurisdiction of and venue the state and
- federal courts located in San Francisco County, California. If you
- reside (or your principal place of business is) outside of the United
- States and the parties have an intellectual property rights dispute,
- you and Unity agree to submit to the personal and exclusive
- jurisdiction of and venue the courts located in Copenhagen, Denmark.
- The parties agree to accept service of process by mail, and hereby
- waive any and all jurisdictional and venue defenses otherwise
- available.
-
- 14. General.
-
- This Agreement is the complete and exclusive understanding and agreement
- between the parties regarding its subject matter, and supersedes all
- proposals, understandings or communications between the parties, oral or
- written, regarding its subject matter, unless you and Unity have executed
- a separate agreement governing use of the Software. The English language
- version of this Agreement is legally binding in case of any
- inconsistencies between the English version and any translations. Any
- terms or conditions contained in your purchase order or other ordering
- document that are inconsistent with or in addition to the terms and
- conditions of this Agreement are hereby rejected by Unity and will be
- deemed null. You may not assign or transfer this Agreement or any rights
- granted hereunder, by operation of law or otherwise, without Unity’s prior
- written consent, and any attempt by you to do so, without such consent,
- will be void. Without limiting the generality of the foregoing, if you are
- an employee of a Legal Entity, you may not assign or transfer this
- Agreement or any rights granted hereunder to your employer without Unity’s
- prior written consent, and any attempt by you to do so, without such
- consent, will be void. Except as expressly set forth in this Agreement,
- the exercise by either party of any of its remedies under this Agreement
- will be without prejudice to its other remedies under this Agreement or
- otherwise. All notices or approvals required or permitted under this
- Agreement will be in writing and delivered by confirmed facsimile
- transmission, by overnight delivery service, or by certified mail, and in
- each instance will be deemed given upon receipt. All notices or approvals
- will be sent to the addresses set forth in the applicable ordering
- document or invoice or to such other address as may be specified by either
- party to the other in accordance with this section. The failure by either
- party to enforce any provision of this Agreement will not constitute a
- waiver of future enforcement of that or any other provision. Any waiver,
- modification or amendment of any provision of this Agreement will be
- effective only if in writing and signed by authorized representatives of
- both parties. If any provision of this Agreement is held to be
- unenforceable or invalid that provision will be enforced to the maximum
- extent possible and the other provisions will remain in full force and
- effect.
-
- 15. Definitions.
-
- “Commercial Entity” means any company, corporation, limited liability
- company, general partnership, limited partnership, limited liability
- partnership, proprietorship, joint venture or other form of business
- organization, excluding any government, non-profit, educational or
- academic institution.
-
- “Gambling Activities” means any gambling product or service offered in any
- market or application that is regulated by any local, state or national
- authority and requires a gambling license.
-
- “Legal Entity” means any Commercial Entity, Non-Commercial Entity or Sole
- Proprietor.
-
- “Licensee Content” means games, applications, software or other content
- that you develop with the Software.
-
- “Non-Commercial Entity” means any government, non-profit, educational or
- academic institution, including but not limited to any primary or
- secondary school, vocational school, college or university.
-
- “Software” means all 5.x versions and updates of all the Unity software
- products identified on Unity’s website.
-
- “Sole Proprietor” means any Commercial Entity that is owned or controlled
- by a single individual, with no other partners or employees.
-
- “Unity Personal” means the version of the Software that is available for
- free to Sole Proprietors, Commercial Entities with annual gross revenues
- (based on prior fiscal year) of less than US$100,000, and Non-Commercial
- Entities with a total annual budget (based on prior fiscal year) for the
- legal entire entity (not department) of less than US$100,000.
-
- “Unity Console Add-on Developer Requirements” means the applicable
- registration process and terms a developer must follow and accept to
- become a registered developer with the applicable console platform as set
- forth or linked on the Unity website.
-
- “Unity Pro” means the premium version of the Software available to
- commercial entities not eligible to use Unity Personal.
-
- “Unity Pro Add-On Products” means the versions of the add-on Software
- products identified on Unity’s website that are licensed for an additional
- license fee such as those for the iOS and Android platforms available to
- entities not eligible to use Unity Personal.
+ that neither the Unity Software nor any technical data related thereto nor
+ any direct product thereof are exported or re-exported directly or
+ indirectly in violation of, or used for any purposes prohibited by, such
+ laws and regulations.
+
+8. Definitions.
+
+  1. “Commercial Entity” means any company, corporation, limited liability
+ company, general partnership, limited partnership, limited liability
+ partnership, proprietorship, joint venture or other form of business
+ organization, excluding any government, non-profit, educational or
+ academic institution.
+
+  2. “Gambling Activities” means any gambling product or service offered in
+ any market or application that is regulated by any local, state or
+ national authority and requires a gambling license.
+
+  3. “Legal Entity” means any Commercial Entity, Non-Commercial Entity or
+ Sole Proprietor.
+
+  4. “Non-Commercial Entity” means any government, non-profit, educational
+ or academic institution, including but not limited to any primary or
+ secondary school, vocational school, college or university.
+
+  5. “Sole Proprietor” means any Commercial Entity that is owned or
+ controlled by a single individual, with no other partners or
+ employees.
+
+  6. "Third Party Software" means software developed by third parties that
+ is furnished with or as part of the Unity Software.
+
+  7. “Unity Console Add-on Developer Requirements” means the applicable
+ registration process and terms a developer must follow and accept to
+ become a registered developer with the applicable console platform as
+ set forth or linked on the Unity website.
+
+  8. “Unity Personal” means Unity Personal Edition, the version of the
+ Unity Software that is available for free to Sole Proprietors and
+ Commercial Entities with annual gross revenues (based on prior fiscal
+ year) of less than US$100,000, and Non-Commercial Entities with a
+ total annual budget (based on prior fiscal year) for the legal entire
+ entity (not department) of less than US$100,000.
+
+  9. “Unity Plus” means Unity Plus Edition, a premium version of the Unity
+ Software available to Sole Proprietors and Commercial Entities with
+ annual gross revenues (based on prior fiscal year) of less than
+ US$200,000, and Non-Commercial Entities with a total annual budget
+ (based on prior fiscal year) for the legal entire entity (not
+ department) of less than $200,000.
+
+ 10. “Unity Pro” means Unity Professional Edition, the premium version of
+ the Unity Software available to commercial entities not eligible to
+ use Unity Personal.
+
+ 11. “Unity Software” means all 5.x versions and updates of all the Unity
+ software products identified on Unity’s website.
+
+ 12. “Your Project Content” means games, applications, software or other
+ content that you develop with the Unity Software.