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authorOscar Morante2015-09-01 21:33:27 +0300
committerOscar Morante2015-09-01 21:33:27 +0300
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+ Unity Pro and Unity Personal Software License Agreement 5.x
+
+ Last updated: March 2, 2015
+
+Summary of Important Use Restrictions
+
+ Please Read the Entire Agreement and Definitions Below
+
+ Scope of License
+
+ 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.
+
+ Primary Differences Between Unity Pro 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.
+
+ Which Version You Can Use - Unity Personal Revenue Restrictions
+
+ Unity Personal (including the iOS and Android platform deployment options)
+ 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
+  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 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 Software.
+
+ You May Not Use Unity Personal with Unity Pro or any Unity Pro Add-On Products
+
+ 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.
+
+ One User Per License
+
+ 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.
+
+ 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
+ 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
+ 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.
+
+ 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 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.
+
+UNITY SOFTWARE LICENSE AGREEMENT 5.x
+
+ Acceptance and Legal Entity Representations
+
+ 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 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:
+
+  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
+ 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.
+
+ 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.
+
+ Unity Personal users will be required to complete a user survey in order
+ to activate the Software.
+
+ 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.
+
+ 1. Grant of License.
+
+  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
+ 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
+ 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
+ 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 Product Restrictions. If you are using a trial version of the
+ Software, 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
+ 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
+ Content does not provide the user interface or primary functionality
+ of such device.
+  3. Streaming and Cloud Gaming Restriction. You may not directly or
+ indirectly distribute interactive Licensee Content by means of
+ streaming or broadcasting such Licensee 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,
+ 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) 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 type of services; (d) use the Software to develop a competing
+ product; 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 law notwithstanding this
+ prohibition.
+
+ 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 and Verification.
+
+  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
+ 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,
+ which may be updated from time to time.
+  3. 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
+ 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 have licensed a trial version of the Software, 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
+ 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.
+
+ 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 seek injunctive relief or 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.
+