path: root/EULA

*** for an up-to-date EULA refer to (https://unity3d.com/legal/eula) ***


          Unity Pro and Unity Personal Software License Agreement 5.x

   Last updated: October 7, 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

   Except for a thirty (30) day trial period, 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 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

   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 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
       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 Restrictions. 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) 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
       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.

    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. 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
   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
   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 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.