Unity-TermsOfService/Unity Software Additional Terms.md

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](https://web.archive.org/web/20160709184431/https:/store.unity.com/).

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](https://web.archive.org/web/20160709184431/http:/unity3d.com:80/legal/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 [Unity's privacy
    policy.](https://web.archive.org/web/20160709184431/http:/unity3d.com:80/legal/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 [Unity's privacy
    policy](https://web.archive.org/web/20160709184431/http:/unity3d.com:80/legal/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.