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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 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 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. RESTRICTIONS.

  7. 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.

  8. 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.  

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. CONSENT TO DATA COLLECTION; PRIVACY POLICY OBLIGATIONS.

  14. You acknowledge and accept 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.

  15. 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 Unity's privacy policy, which may be updated from time to time.

  16. SUPPORT.

You may access the online forums and the Unity Answers knowledge base through the Site. You may also email [email protected] 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.

  1. 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.

  1. 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.

  1. 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.

  1. DEFINITIONS.

  2. “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.

  3. “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.

  4. “Legal Entity” means any Commercial Entity, Non-Commercial Entity or Sole Proprietor.

  5. “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.

  6. “Sole Proprietor” means any Commercial Entity that is owned or controlled by a single individual, with no other partners or employees.

  7. "Third Party Software" means software developed by third parties that is furnished with or as part of the Unity Software.

  8. “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.

  9. “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.

  10. “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.

  11. “Unity Pro” means Unity Professional Edition, the premium version of the Unity Software available to commercial entities not eligible to use Unity Personal.

  12. “Unity Software” means all 5.x versions and updates of all the Unity software products identified on Unity’s website.

  13. “Your Project Content” means games, applications, software or other content that you develop with the Unity Software.