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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2018-02-21 20:00:00 +00:00
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**Last Updated February 21, 2018**
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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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2018-02-21 20:00:00 +00:00
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“**Software Terms**”), which supplement and are incorporated into the [Unity
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Terms of Service](https://unity3d.com/legal/terms-of-service). By downloading,
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2016-11-04 19:00:00 +00:00
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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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2018-02-21 20:00:00 +00:00
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**Tier Eligibility**
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You and everyone using the Unity Software on your behalf must be Tier Eligible
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at all times. “**Tier Eligible**” means that your Total Finances cannot exceed
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the defined Financial Thresholds for the tier of Unity Software you (or those
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providing services to you) are using. Tier Eligibility is measured for the most
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recent twelve (12) month period. If you are mid-project, and your Total
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Finances grow to exceed the Financial Threshold of the Unity Software tier you
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are using, you do not need to start from scratch - you can simply upgrade your
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license and continue working. How we measure your Total Finances varies based on
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who you are. Financial Thresholds are shown in US currency and your Total
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Finances will be converted to US currency to determine your Tier Eligibility.
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**Total Finances are measured like this:**
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- if you are a Legal Entity using the Unity Software (other than to provide
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services to someone else), your Total Finances are your gross revenues
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and/or funding (no matter what the source), or, if you are a Not-for-Profit
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Entity, your budget for the entire entity (not just the department using the
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Software),
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- If you are an individual or a Legal Entity providing services to a third
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party, your Total Finances is deemed to be your customer or client’s Total
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Finances, and
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- if you are an individual using the Unity Software, but not providing
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services to a third party, your Total Finances are the amount generated in
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connection with your use of the Unity Software. In this case, your Total
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Finances would not include amounts you generate from other work (for
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example, if your day job is as a zookeeper).
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By using the Unity Software, you represent and warrant that you are Tier
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Eligible to use the tier of Unity Software you are using and those being used on
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your behalf. You understand that it is your responsibility to maintain complete
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records establishing your Tier Eligibility and you bear the burden of proving
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your Tier Eligibility if we ask.
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**Financial Thresholds for Unity Personal, Unity Plus and Unity Pro:**
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- The Financial Threshold for Unity Personal is US \$100,000 for the most
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recent twelve (12) month period. To be Tier Eligible to use Unity Personal,
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your Total Finances may not exceed US \$100,000. If your Total Finances
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exceed US \$100,000 you may not use Unity Personal at all, even for internal
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projects or prototyping.
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- The Financial Threshold for Unity Plus is US \$ 199,000 for the most recent
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twelve (12) month period. To be Tier Eligible to use Unity Plus, your Total
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Finances may not exceed US \$199,000. If your Total Finances exceed
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\$199,000, you may only use Unity Pro.
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- There is no Financial Threshold for Unity Pro. You do not need to be Tier
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Eligible to use Unity Pro; Unity Pro may be used by anyone who pays the
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applicable subscription fees.
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**No Mixing or Co-mingling:**
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Unity Software tiers with different Financial Thresholds may not be used at the
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same time by one entity or individual or for or on behalf of one entity or
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individual. You must upgrade all licenses if your Total Finances exceed a
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Financial Threshold. Unity reserves the right to disable your use of the Unity
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Software if you attempt to use two tiers simultaneously. If you are using Unity
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Pro and want to provide services to a customer or client who is Tier Eligible to
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use Unity Plus, contact us and we will give you an exception.
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Unity may monitor your compliance with and enforce these restrictions and
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requirements, including but not limited to monitoring the number of downloads of
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your Project Content, and any available 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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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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**1.1 Use Rights.**
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Conditioned upon your compliance with the terms and conditions of this Agreement
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and payment of all applicable subscription fees, Unity grants you (or your
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Designated User, defined below) a non-exclusive, non-transferable, royalty-free
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license: (a) to install and execute the executable form of the Unity Software,
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solely for internal use by a single person to develop your Project Content
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during the applicable term; and (b) if you are using a version of the Unity
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Software other than an educational version, to distribute the runtime portion of
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the 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 protective of
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Unity and its licensors as this Agreement. If you are acting on behalf of a
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Legal Entity, you may allow affiliated entities or third party contractors who
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are testing, developing and operating your Project Content on your behalf (each,
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a “Designated User”), to exercise your rights under 1.1(a) and 1.1(b) on your
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behalf, in which case you remain responsible for such Designated Users’
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compliance with the terms and conditions of the Agreement or any breach thereof,
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including compliance with the restrictions above. Additionally, you may allow
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distributors who are licensing or selling your Project Content pursuant to an
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agreement that is no less protective of Unity and its licensors as this
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Agreement to exercise your rights under 1.1(b) on your behalf. You may not
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otherwise allow third parties to use the rights granted under clauses 1.1(a) and
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1.1(b).
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**1.2 Copies of Unity Products.**
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You (and your Designated Users) may install the Unity Software on both a primary
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and a secondary computer or operating system, solely for your convenience, but
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only for use by a single person. You may make a single copy of the Unity
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Software solely for backup or archival purposes. For the sake of clarity, you
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(or your Designated User) may only use one installation at any given time. Unity
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may in its 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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**1.3 Unity Console Add-on Developer Requirements.**
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Use of the Unity Software with certain console platforms is subject to the Unity
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Console Add-on Developer Requirements as set forth on the Unity website. The
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license keys to enable certain Unity Software console add-ons may be distributed
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by the console manufacturer.
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**1.4 Third Party Software.**
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The Unity Software incorporates or is bundled with Third Party Software governed
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by separate terms, including open source licenses. Such Third Party Software
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terms are identified in the LEGAL.TXT file bundled with the Unity Software and
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incorporated into this Agreement by reference. You agree that you have reviewed
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and accepted those terms and that your use of the Unity Software will be deemed
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acceptance thereof.
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2016-11-04 19:00:00 +00:00
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**2. Restrictions.**
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2018-02-21 20:00:00 +00:00
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**2.1 Unity Software Tier Restrictions.**
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You acknowledge and agree that, as an express condition to the rights granted
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under Section 1, you (and those using the Unity Software on your behalf or in
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order to provide services to you): (i) may only use one (1) Unity Software tier
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at a time (e.g., if you purchase a subscription to use Unity Pro, then you and
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those working on your behalf may only use Unity Pro licenses on your behalf);
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and (ii) are not permitted to combine or integrate any of your Project Content
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developed with one tier of the Unity Software with any of your Project Content
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developed simultaneously with another tier. For the avoidance of doubt: (a) if
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you are Tier Eligible to use Unity Personal, you may commence a project using
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only Unity Personal and subsequently upgrade all (but not less than all) of your
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seats to Unity Plus (if you are Tier Eligible to do so) or Unity Pro; and (b)
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any user of the Unity Software may use content properly acquired from the Unity
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Asset Store regardless of the tier of Unity Software that was used to develop
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such Asset Store content. You acknowledge and agree that Unity may tag your
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Project Content with an identifier to prevent any such unauthorized combination
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of your Project Content.
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**2.2 Educational Product Restrictions.**
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If you are using an educational version of the Unity Software, your right to use
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the Unity Software and distribute the runtime portion of the Unity Software in
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your Project Content is limited to educational, non-commercial purposes. Unity
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may include a watermark designating that your Project Content was created using
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the education version of the Unity Software.
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**2.3 Embedded Software Restriction.**
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You may not directly or indirectly distribute your Project Content installed on
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more than 1,000 electronic devices or systems if your Project Content provides
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the user interface or primary functionality of such electronic device or system
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without a separate license from Unity. This restriction does not prevent you
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from distributing your Project Content pre-installed on personal computers and
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consumer electronic devices such as mobile phones, tablets, televisions or set
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top 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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**2.4 Streaming and Cloud Gaming Restrictions.**
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You may not directly or indirectly distribute the Unity Software, including the
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runtime portion of the Unity Software, or your Project Content (if it
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incorporates the runtime portion) by means of streaming or broadcasting so that
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any portion of the Unity Software is primarily executed on or simulated by a
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server 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 that
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is running on another end user device. You may not use a third party to
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directly or indirectly distribute or make available, stream, broadcast (through
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simulation or otherwise) any portion of the Unity Software unless that third
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party is authorized by Unity to provide such services.
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**2.5 Gambling Restriction.**
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You may not distribute or publish any of your Project Content in connection with
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any Gambling Activities without a separate license agreement from Unity.
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**2.6 General Restrictions.**
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Except as expressly specified in this Agreement, you may not: (a) copy (except
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in the course of loading or installing) or modify or create derivative works of
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the Unity Software; (b) distribute, transfer, sublicense, lease, lend, rent or
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otherwise provide access to the Unity Software to any third party; (c) directly
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or indirectly make the functionality of the Unity Software available to multiple
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users or third parties through any means, including but not limited to by
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uploading the Unity Software to a network or file-sharing service or through any
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hosting, application services provider, service bureau, software-as-a-service
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(SaaS) 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 runtime
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portion thereof) being subject to any open source license (or similar license)
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that requires as a condition of use, modification or distribution that the Unity
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Software (including the runtime portion thereof) or other software combined or
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distributed with the Unity Software be: (i) disclosed or distributed in source
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code form; (ii) licensed for the purpose of making derivative works; or (iii)
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redistributable at no charge. You acknowledge and agree that portions of the
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Unity Software, including but not limited to the source code and the specific
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design and structure of individual modules or programs, are confidential and
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constitute or contain trade secrets of Unity and its licensors. Accordingly, you
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agree not to disassemble, decompile, modify or reverse engineer the Unity
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Software, in whole or in part, or permit or authorize a third party to do so,
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except to the extent such activities are expressly permitted by this Agreement
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or by law notwithstanding this prohibition. Notwithstanding the restriction
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prohibiting decompiling in the immediately preceding sentence, you may decompile
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the Unity Common Language Infrastructure (CLI) assemblies solely to inspect
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their functionality for purposes of understanding or improving performance of
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your Project Content or any editor extension to the Unity 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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2018-02-21 20:00:00 +00:00
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**3.1 Data Collection**
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You acknowledge and accept Unity's privacy policy. You agree that the Unity
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Software (including the Unity runtime in your Project Content) may send data to
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Unity to: (a) check for Unity Software updates; (b) provide aggregated usage
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statistics of your use of the Unity Software and the use of your Project Content
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by end users; (c) provide optional Developer Services; and (d) validate seats in
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order to prevent unauthorized use. You acknowledge and agree that Unity may
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deliver messages and contact you about the Unity Software and other Unity
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product and service offerings.
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**3.2 Obligations**
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You agree, and will ensure by obtaining all required consents in accordance with
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applicable law, that Unity has the right to receive, collect, retain and use
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data collected from your end users in accordance with [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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2016-11-04 19:00:00 +00:00
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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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2018-02-21 20:00:00 +00:00
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return to Unity all copies of the Unity Software in your possession or control.
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2016-11-04 19:00:00 +00:00
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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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2016-06-28 19:00:00 +00:00
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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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2018-02-21 20:00:00 +00:00
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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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2018-02-21 20:00:00 +00:00
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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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2016-06-28 19:00:00 +00:00
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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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2016-11-04 19:00:00 +00:00
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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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2016-11-04 19:00:00 +00:00
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Software and/or Documentation subject to the terms of this Agreement as
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2018-02-21 20:00:00 +00:00
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specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“**DFARS**”) and
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its successors. This U.S. Government Rights clause is in lieu of, and
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supersedes, any other FAR, DFARS, or other clause or provision that addresses
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Government 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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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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2018-02-21 20:00:00 +00:00
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8.1 “**Financial Thresholds**” has the meaning set forth in the “Tier
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Eligibility” section above in these Software Terms.
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8.2 “**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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2018-02-21 20:00:00 +00:00
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8.3 “**Legal 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, including any Not-for-Profit Entity.
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2018-02-21 20:00:00 +00:00
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8.4 “**Not-for-Profit 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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2018-02-21 20:00:00 +00:00
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8.5 “**Project Content**” means games, applications, software or other content
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that you develop with the Unity Software.
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2018-02-21 20:00:00 +00:00
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8.6 "**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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2018-02-21 20:00:00 +00:00
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8.7 “**Tier Eligible**” has the meaning set forth in the “Tier Eligibility”
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section above in these Software Terms.
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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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8.8 “**Total Finances**” has the meaning set forth in the “Tier Eligibility”
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section above in these Software Terms.
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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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8.9 “**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 a
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registered developer with the applicable console platform as set forth or linked
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on the Unity website.
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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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8.10 “**Unity Personal**” means Unity Personal Edition, the tier of Unity
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Software that is available for free to individuals and Legal Entities who are
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Tier Eligible to use Unity Personal.
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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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8.11 “**Unity Plus**” means Unity Plus Edition, a premium version of the Unity
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Software available to individuals and Legal Entities who are Tier Eligible to
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use Unity Plus.
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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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8.12 “**Unity Pro**” means Unity Professional Edition, the premium version of
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the Unity Software available to everyone, including individuals and Legal
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Entities who are not Tier Eligible to use Unity Personal or Unity Plus.
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2016-06-28 19:00:00 +00:00
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2018-02-21 20:00:00 +00:00
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8.13 “**Unity Software**” means all versions and updates of all the downloadable
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Unity Pro, Unity Plus and Unity Personal software products identified on Unity’s
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website.
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