path: root/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

                                Additional Terms

   Last Updated June 28, 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 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 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, 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 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 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.