2016-11-04 19:00:00 +00:00
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Unity Pro, Unity Plus and Unity Personal Software Additional Terms
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2016-06-28 19:00:00 +00:00
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2016-11-04 19:00:00 +00:00
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**Last Updated November 4, 2016**
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2016-06-28 19:00:00 +00:00
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2016-11-04 19:00:00 +00:00
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**Unity Software Terms**
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2016-06-28 19:00:00 +00:00
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Your use of the Unity Software is subject to these Additional Terms (the
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“**Software Terms**”), which supplement and incorporate the [Unity Terms of
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2016-11-04 19:00:00 +00:00
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Service](https://unity3d.com/legal/terms-of-service). By downloading,
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installing or using the Unity Software in any manner, you represent and affirm
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that you have read, understand and agree to be legally bound by and comply with
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these Software Terms. If you do not agree with these Software Terms, you are
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not authorized to use the Unity Software in any manner.
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2016-06-28 19:00:00 +00:00
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2016-11-04 19:00:00 +00:00
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**Unity Personal and Unity Plus**
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2016-06-28 19:00:00 +00:00
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If you are accepting these Software Terms for use of Unity Personal, you
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represent and warrant that:
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1. if you are accepting the terms on behalf of a Legal Entity which is a
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Commercial Entity, both (a) its annual gross revenues do not exceed
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US\$100,000, or (b) raised funds (including but not limited to crowdfunding)
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do not exceed US\$100,000, in each case during the most recently completed
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fiscal year and in any equivalent currency;
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2. if you are accepting the terms on behalf of a Legal Entity which is a
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Non-Commercial Entity, the total annual budget does not exceed US\$100,000
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(for the entire Non-Commercial Entity (not just a department)) for the most
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recently completed fiscal year (including in any equivalent currency); and
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3. if you are an individual (not acting within a role in a Legal Entity) or if
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you are accepting the term on behalf of a Legal Entity as a Sole Proprietor,
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the annual gross revenues from your or its use of the Unity Software do not
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exceed of US\$100,000 during the most recently completed fiscal year
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(including in any equivalent currency), which does not include any income
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made which is not related to its use of the Unity Software.
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If you are accepting these Software Terms for use of Unity Plus, you agree to
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pay the applicable subscription fees and you represent and warrant that:
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1. if you are accepting the terms on behalf of a Legal Entity which is a
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Commercial Entity, both (a) its annual gross revenues do not exceed
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US\$200,000, or (b) raised funds (including but not limited to crowdfunding)
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do not exceed US\$200,000, in each case during the most recently completed
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fiscal year and in any equivalent currency;
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2. if you are accepting the terms on behalf of a Legal Entity which is a
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Non-Commercial Entity, the total annual budget does not exceed US\$200,000
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(for the entire Non-Commercial Entity (not just a department)) for the most
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recently completed fiscal year (including in any equivalent currency); and
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3. if you are an individual (not acting within a role in a Legal Entity) or if
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you are accepting the term on behalf of a Legal Entity as a Sole Proprietor,
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the annual gross revenues from your or its use of the Unity Software do not
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exceed of US\$200,000 during the most recently completed fiscal year
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(including in any equivalent currency), which does not include any income
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made which is not related to its use of the Unity Software.
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Unity Pro may be used by anyone who pays the applicable subscription fees.
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During the term of this Agreement, you expressly acknowledge and agree that if
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you are a Unity Personal or Unity Plus user and the above thresholds are
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exceeded, then you may no longer use that tier of the Unity Software, and you
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must either: (a) purchase Unity Plus (if eligible) or Unity Pro; or (b) destroy
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all copies of the Unity Software in your possession or control, and cease
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updating Your Project Content. Unity will monitor your compliance with and
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enforce these restrictions and requirements including but not limited to
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monitoring the number of downloads of Your Project Content and any available
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revenue estimate data.
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Unity Personal users may be required to complete a user survey in order to
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activate the Unity Software.
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2016-11-04 19:00:00 +00:00
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**1. Rights to use the Unity Software.**
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1. *Use Rights*. Conditioned upon your compliance with the terms and conditions
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of this Agreement and payment of all applicable subscription fees, Unity
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2016-11-04 19:00:00 +00:00
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grants you a non-exclusive, non-transferable, royalty-free license: (a) to
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install and execute the executable form of the Unity Software, solely for
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internal use by a single person to develop Your Project Content during the
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applicable term; and (b) if you are using a version of the Unity Software
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other than an educational version, to distribute the runtime portion of the
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Unity Software, on a royalty-free basis, solely as embedded or incorporated
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into Your Project Content and solely to third parties to whom you license or
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sell Your Project Content pursuant to an agreement that is no less
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protective of Unity and its licensors as this Agreement. You may not
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sublicense the rights granted under clause 1.1(a), but you may sublicense
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the rights granted under 1.1(b) solely to third parties to whom you license
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or sell Your Project Content to act as distributors thereof pursuant to an
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agreement no less protective of Unity and its licensors as this Agreement.
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2016-06-28 19:00:00 +00:00
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2. *Copies of Unity Products*. You may install the Unity Software on both a
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primary and a secondary computer or operating system, solely for your
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convenience, but only for use by a single person. You may make a single copy
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of the Unity Software solely for backup or archival purposes. For the sake
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of clarity, you may only use one installation at any given time. We may in
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our sole discretion authorize you to install the Unity Software on
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additional computers or operating systems upon deactivation of the Unity
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Software installed on existing computers.
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3. *Unity Console Add-on Developer Requirements*. Use of the Unity Software
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with certain console platforms is subject to the Unity Console Add-on
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Developer Requirements as set forth on the Unity website. The license keys
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to enable certain Unity Console Add-ons may be distributed by the console
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manufacturer.
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4. *Third Party Software*. The Unity Software incorporates or is bundled with
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Third Party Software governed by separate terms, including open source
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licenses. Such Third Party Software terms are identified in the LICENSE.TXT
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file bundled with the Unity Software and incorporated into this Agreement by
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reference. You agree that you have reviewed and accepted those terms and
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that your use of the Unity Software will be deemed acceptance thereof.
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2016-11-04 19:00:00 +00:00
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**2. Restrictions.**
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1. *Unity Software Tier Restrictions*. You acknowledge and agree that as an
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express condition to the rights granted under Section 1, you are not
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permitted to combine or integrate in any manner any of Your Project Content
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developed with one tier of the Unity Software (e.g., Unity Personal) with
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any of Your Project Content developed simultaneously with another tier
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(e.g., Unity Plus or Unity Pro). For the avoidance of doubt: (a) if you are
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a permitted user of Unity Personal, you may commence a project using only
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Unity Personal and subsequently upgrade all (but not less than all) of your
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seats to Unity Plus or Unity Pro, and (b) any user of the Unity Software may
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use content licensed from third parties regardless of the tier of Unity
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Software that was used to develop such third party content. You acknowledge
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and agree that Unity may tag Your Project Content created with Unity
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Personal and/or Unity Plus with an identifier to prevent such a prohibited
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combination of Your Project Content.
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2. *Educational Product Restrictions*. If you are using an educational version
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of the Unity Software, your right to use the Unity Software and distribute
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the runtime portion of the Unity Software in Your Project Content is limited
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to educational, non-commercial purposes. Unity may include a watermark
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designating that Your Project Content was created using the education
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version of the Unity Software.
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3. *Embedded Software Restriction*. You may not directly or indirectly
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distribute Your Project Content installed on more than 1,000 electronic
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devices or systems if Your Project Content provides the user interface or
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primary functionality of such electronic device or system without a separate
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license from Unity. This restriction does not prevent you from distributing
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Your Project Content pre-installed on personal computers and consumer
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electronic devices such as mobile phones, tablets, televisions or set top
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boxes as long as Your Project Content does not provide the user interface or
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primary functionality of such device.
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4. *Streaming and Cloud Gaming Restrictions*. You may not directly or
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indirectly distribute Your interactive Project Content by means of streaming
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or broadcasting Your Project Content that is primarily executed on a server
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and transmitted over the Internet or other network to end user devices
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without a separate license from Unity. This restriction does not prevent end
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users from remotely accessing Your Project Content from an end user device
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that is running on another end user device.
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5. *Gambling Restriction*. You may not distribute or publish any of Your
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Project Content in connection with any Gambling Activities without a
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separate license agreement from Unity.
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6. *General Restrictions*. Except as expressly specified in this Agreement, you
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may not: (a) copy (except in the course of loading or installing) or modify
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or create derivative works of the Unity Software; (b) distribute, transfer,
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sublicense, lease, lend, rent or otherwise provide access to the Unity
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Software to any third party; (c) directly or indirectly make the
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functionality of the Unity Software available to multiple users or third
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parties through any means, including but not limited to by uploading the
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Unity Software to a network or file-sharing service or through any hosting,
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application services provider, service bureau, software-as-a-service (SaaS)
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or any other technology or service; (d) use the Unity Software for
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competitive analysis or to develop a competing product or service; or (e) do
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anything that could cause or result in the Unity Software (including the
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runtime portion thereof) being subject to any open source license (or
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similar license) that requires as a condition of use, modification or
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distribution that the Unity Software (including the runtime portion thereof)
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or other software combined or distributed with the Unity Software be: (i)
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disclosed or distributed in source code form; (ii) licensed for the purpose
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of making derivative works; or (iii) redistributable at no charge. You
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acknowledge and agree that portions of the Unity Software, including but not
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limited to the source code and the specific design and structure of
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individual modules or programs, are confidential and constitute or contain
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trade secrets of Unity and its licensors. Accordingly, you agree not to
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disassemble, decompile or reverse engineer the Unity Software, in whole or
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in part, or permit or authorize a third party to do so, except to the extent
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such activities are expressly permitted by this Agreement or by law
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notwithstanding this prohibition. Notwithstanding the restriction
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prohibiting decompiling in the immediately preceding sentence, you may
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decompile the Unity Common Language Infrastructure (CLI) assemblies solely
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to inspect their functionality for purposes of understanding or improving
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performance of Your Project Content or any editor extension to the Unity
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Software.
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2016-11-04 19:00:00 +00:00
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**3. Consent to Data Collection; Privacy Policy Obligations.**
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1. You acknowledge and accept [Unity's privacy
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policy.](https://unity3d.com/legal/privacy-policy) You agree that the Unity
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Software (including the Unity runtime in Your Project Content) may send data
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to Unity to: (a) check for Unity Software updates; (b) provide aggregated
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usage statistics of your use of the Unity Software and the use of Your
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Project Content by end users; (c) provide optional Developer Services; and
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(d) validate seats in order to prevent unauthorized use. You acknowledge and
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agree that Unity may deliver messages and contact you about the Unity
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Software and other Unity product and service offerings.
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2. You agree to distribute Your Project Content with a privacy policy
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explaining the data you collect through Your Project Content and how you
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collect, use, share, and protect it; and to include a disclosure that Unity
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is your service provider and collects certain data from Your Project
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Content, along with a link to [Unity's privacy
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policy](https://unity3d.com/legal/privacy-policy), which may be updated from
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time to time.
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2016-11-04 19:00:00 +00:00
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**4. Support.**
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You may access the online forums and the Unity Answers knowledge base through
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the Site. You may also email support\@unity3d.com for assistance with your
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seats. Technical support may be offered by Unity at its sole discretion as
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described on the Unity website. You acknowledge and agree that Unity has no
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obligation under this Agreement to provide patches, updates, new releases or new
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versions of the Unity Software.
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2016-11-04 19:00:00 +00:00
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**5. Term.**
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Subscription based seats for Unity Pro and Unity Plus will remain in effect for
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the initial subscription period (which has a minimum commitment of 12 months),
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and thereafter such seat will automatically renew on a month-to-month basis at
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the then-current list price, unless you renew the subscription for a new
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subscription term or terminate and cancel it as described on the Site. For
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clarity, subscription based seats for Unity Pro and Unity Plus are not
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cancelable during the applicable subscription term and are non-refundable. Upon
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termination, you must at Unity’s option either promptly delete and destroy or
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return to Unity all copies of the Unity Software in your possession or control;
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however, if you have subscribed to use a seat of the Unity Software for the
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prior twenty-four (24) consecutive months, you may continue to use the
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then-current version of the Unity Software for that seat after the subscription
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term.
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Paid in full, perpetual seats will remain in effect unless earlier terminated in
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accordance with the Agreement.
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**6. U.S. Government Rights.**
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The Unity Software and computer software documentation (“**Documentation**”) are
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“commercial items” as that term is defined in the Federal Acquisition Regulation
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(“FAR”) 2.101, consisting of “commercial computer software” and “commercial
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computer software documentation,” respectively, as such terms are used in FAR
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12.212 and DFARS 227.7202.If acquired by or on behalf of a civilian agency, the
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U.S. Government acquires or will acquire the Unity Software and/or Documentation
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and other technical data subject to the terms of this Agreement as required in
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48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the FAR and
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its successors. If acquired by or on behalf of any agency within the Department
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of Defense (“DOD”), the U.S. Government acquires or will acquire the Unity
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Software and/or Documentation subject to the terms of this Agreement as
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specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its
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successors. This U.S. Government Rights clause is in lieu of, and supersedes,
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any other FAR, DFARS, or other clause or provision that addresses Government
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rights in computer software or technical data.
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2016-11-04 19:00:00 +00:00
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**7. Export Law.**
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2016-06-28 19:00:00 +00:00
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You agree to comply fully with all export laws and regulations to ensure that
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neither the Unity Software nor any technical data related thereto nor any direct
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product thereof are exported or re-exported directly or indirectly in violation
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of, or used for any purposes prohibited by, such laws and regulations.
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2016-11-04 19:00:00 +00:00
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**8. Definitions.**
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2016-06-28 19:00:00 +00:00
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1. “**Commercial Entity**” means any company, corporation, limited liability
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company, general partnership, limited partnership, limited liability
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partnership, proprietorship, joint venture or other form of business
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organization, excluding any government, non-profit, educational or academic
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institution.
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2. “**Gambling Activities**” means any gambling product or service offered in
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any market or application that is regulated by any local, state or national
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authority and requires a gambling license.
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3. “**Legal Entity**” means any Commercial Entity, Non-Commercial Entity or
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Sole Proprietor.
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4. “**Non-Commercial Entity**” means any government, non-profit, educational or
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academic institution, including but not limited to any primary or secondary
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school, vocational school, college or university.
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5. “**Sole Proprietor**” means any Commercial Entity that is owned or
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controlled by a single individual, with no other partners or employees.
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6. "**Third Party Software**" means software developed by third parties that is
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furnished with or as part of the Unity Software.
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7. “**Unity Console Add-on Developer Requirements**” means the applicable
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registration process and terms a developer must follow and accept to become
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a registered developer with the applicable console platform as set forth or
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linked on the Unity website.
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8. “**Unity Personal**” means Unity Personal Edition, the version of the Unity
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Software that is available for free to Sole Proprietors and Commercial
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Entities with annual gross revenues (based on prior fiscal year) of less
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than US\$100,000, and Non-Commercial Entities with a total annual budget
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(based on prior fiscal year) for the legal entire entity (not department) of
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less than US\$100,000.
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9. “**Unity Plus**” means Unity Plus Edition, a premium version of the Unity
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Software available to Sole Proprietors and Commercial Entities with annual
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gross revenues (based on prior fiscal year) of less than US\$200,000, and
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Non-Commercial Entities with a total annual budget (based on prior fiscal
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year) for the legal entire entity (not department) of less than \$200,000.
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10. “**Unity Pro**” means Unity Professional Edition, the premium version of the
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Unity Software available to commercial entities not eligible to use Unity
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Personal.
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11. “**Unity Software**” means all 5.x versions and updates of all the Unity
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software products identified on Unity’s website.
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12. “**Your Project Content**” means games, applications, software or other
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content that you develop with the Unity Software.
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