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diff --git a/EULA b/EULA deleted file mode 100644 index bbede5b6134e..000000000000 --- a/EULA +++ /dev/null @@ -1,468 +0,0 @@ -*** 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 Additional Terms - - Last Updated November 4, 2016 - -Summary Of Important Use Restrictions - - Please read all of the Software Terms set forth below - - Scope - - 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, Unity Plus and Unity Personal - - 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 - Revenue Restrictions - - 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 (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. - - 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. - - Auto-Renewal - - 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. - - 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 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 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 Your Project Content from an end user - device that is running on another end user device. - - Embedded Unity 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. - - Gambling Restrictions - - 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 Terms - - 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. - -Unity Personal and Unity Plus - - 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 - 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 Unity Software. - - 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: - - 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. - - Unity Personal users may be required to complete a user survey in order to - activate the Unity Software. - -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 - subscription fees, Unity grants you a non-exclusive, non-transferable, - royalty-free license: (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 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. 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 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. - - 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. - - 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 - 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 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 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 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 Project Content, along with a link to [4]Unity's privacy policy, - which may be updated from time to time. - -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 Unity Software. - -5. Term. - - Subscription based seats for Unity Pro and Unity Plus will remain in - effect for the initial subscription period (which has a minimum commitment - of 12 months), 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. For clarity, subscription based seats for Unity Pro - and Unity Plus are not cancelable during the applicable subscription term - and are non-refundable. 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; however, if you have - subscribed to use a seat of the Unity Software for the prior twenty-four - (24) consecutive months, you may continue to use the then-current version - of the Unity Software for that seat after the subscription term. - - Paid in full, perpetual seats will remain in effect unless earlier - terminated in accordance with the Agreement. - -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 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 - 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 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. - |