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Update Unity Software Additional Terms to April 3, 2023 version

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# Terms Of Service # UNITY EDITOR SOFTWARE ADDITIONAL TERMS
This repository contains current and prior versions of the legal terms that apply to your use of the Unity software currently known as Unity Pro, Unity Plus or Unity Personal. Note that the [first revision](../5a5b11e/Unity%20Software%20Additional%20Terms.md), dated June 28, 2016, is the first version of the legal terms to apply to the Unity software after Unity moved to a full subscription model. We are republishing this GitHub repository, where you can find all current and prior versions of our Unity Editor Software Additional Terms (previously titled ‘Unity Software Additional Terms’) from June 28, 2016.
From time to time, Unity may update these software terms and other legal terms, and add the updated terms to this repository. [Unity.com/legal](https://unity.com/legal) is the best place to find all of our latest agreements all in one place. Other agreements may be applicable to you depending on the products and services you’re using. When we update any of our agreements, we post a summary of the changes under the heading “What’s changed”, and include a link on each page to the immediately prior version of such terms.
The last changes were made on April 3, 2023. We are working to make sure that you can stay on the terms applicable for the version of Unity you are using as long as you keep using that version. More details to come. We will post these changes here and on [https://unity.com/legal](https://unity.com/legal).
## Revisions ## Revisions
### Unity Software Additional Terms * [April 3, 2023](Unity%20Software%20Additional%20Terms.md)
* [October 13, 2022 - Current](Unity%20Software%20Additional%20Terms.md) * [October 13, 2022](../71654bf/Unity%20Software%20Additional%20Terms.md)
* [March 10, 2022](../87d7090/Unity%20Software%20Additional%20Terms.md) * [March 10, 2022](../d7b5909/Unity%20Software%20Additional%20Terms.md)
* [January 16, 2019](../243dda2/Unity%20Software%20Additional%20Terms.md) * [January 16, 2019](../a99de88/Unity%20Software%20Additional%20Terms.md)
* [December 05, 2018](../08f7fe2/Unity%20Software%20Additional%20Terms.md) * [December 05, 2018](../847ff5f/Unity%20Software%20Additional%20Terms.md)
* [February 21, 2018](../9246e9c/Unity%20Software%20Additional%20Terms.md) * [February 21, 2018](../d2917a6/Unity%20Software%20Additional%20Terms.md)
* [November 04, 2016](../45e7734/Unity%20Software%20Additional%20Terms.md) * [November 04, 2016](../7532a20/Unity%20Software%20Additional%20Terms.md)
* [June 28, 2016](../5a5b11e/Unity%20Software%20Additional%20Terms.md) * [June 28, 2016](../2f4f89f/Unity%20Software%20Additional%20Terms.md)
In September 2023 the metadata in this repository was modified to update the email address used for all commits.

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# **Unity Editor Software Terms** # **Unity Editor Software Terms**
Last Updated: October 13, 2022 Last Updated: April 3, 2023
What’s changed: We have posted an update to our Unity Editor Software Terms to create a more streamlined, user-friendly set of terms that reflect the current state of the Unity Editor Software and Plans. The prior version of the Software Terms is available [here](https://unity.com/legal/terms-of-service/software-legacy). What’s changed: We have posted an update to our Unity Editor Software Terms to, among other things, provide for our Industry Offering. We’ve also updated other sections, including those relating to data collection and modification of terms. For further information, please review our FAQ [here](https://unity.com/legal/editor-terms-of-service/software/faq). Please review the full text of the updated Editor Software Terms, as well as our Terms of Service, carefully. The prior version of the Software Terms is available [here](https://unity.com/legal/terms-of-service/software-legacy).
These terms (the “Software Terms”) govern your use of Unity Enterprise, Unity Pro, Unity Plus, and Unity Personal, and supplement the Unity Terms of Service. These terms (the “Software Terms”) govern your use of the Unity Editor, including pursuant to a Unity Plan, and supplement the Unity Terms of Service.
1. Unity Software Tier Eligibility 1. Unity Software Tier Eligibility
The Tier Eligibility Requirements set forth below apply to your use of Software The Tier Eligibility Requirements set forth below apply to your use of Unity Software
1.1 Tier Eligibility; Financial Thresholds 1.1 Tier Eligibility; Financial Thresholds
You and your Authorized Users, if applicable, must be Tier Eligible at all times to use any Software. “Tier Eligible” means that your Total Finances cannot exceed the defined Financial Thresholds for the tier of Software you (or those providing services to you) are using. Tier Eligibility is measured each date you use the Software for the most recent twelve (12) trailing month period. Immediately upon your Total Finances exceeding the Financial Threshold of the Software tier you are using, you must upgrade your Unity Plan. You may not (i) use Software tiers within different Financial Thresholds at the same time, (ii) have different Authorized Users or members of your Unity Organization use Software tiers within different Financial Thresholds at the same time, and/or (iii) combine or integrate any of your Projects developed with one tier of the Software with any of your Projects developed simultaneously with another tier. You and your Authorized Users, if applicable, must be Tier Eligible at all times to use any Unity Software. “Tier Eligible” means that your Total Finances cannot exceed the defined Financial Thresholds for the tier of Unity Software you (or those providing services to you) are using. Tier Eligibility is measured each date you use the Unity Software for the most recent twelve (12) trailing month period. Immediately upon your Total Finances exceeding the Financial Threshold of the Unity Software tier you are using, you must upgrade your Unity Plan. You may not (i) use Unity Software tiers within different Financial Thresholds at the same time, (ii) have different Authorized Users or members of your Unity Organization use Unity Software tiers within different Financial Thresholds at the same time, and/or (iii) combine or integrate any of your Projects developed with one tier of the Unity Software with any of your Projects developed simultaneously with another tier.
Total Finances are measured as follows: Total Finances are measured as follows:
* If you are a legal entity using the Software, then your Total Finances are: (a) if you are providing services to a third party, your customers’ or clients’ gross revenues and/or funding (no matter what the source); or (b) if you are not providing services to a third party, your aggregate gross revenues and funding. * If you are a legal entity using the Unity Software, then your Total Finances are: (a) if you are providing services to a third party, your customers’ or clients’ gross revenues and/or funding (no matter what the source); or (b) if you are not providing services to a third party, your aggregate gross revenues and funding.
* If you are a governmental entity, non-profit, educational or academic institution using the Software, then your Total Finances are your budget for the entire entity or institution. * If you are a governmental entity, non-profit, educational or academic institution using the Unity Software, then your Total Finances are your budget for the entire entity or institution.
* If you are an individual using the Software, then your Total Finances are: (a) if you are providing service(s) to a third party, your customer’s or client’s gross revenues and/or funding (no matter what the source); or (b) if you are not providing service(s) to a third party, the amount generated in connection with your use of the Software. * If you are an individual using the Unity Software, then your Total Finances are: (a) if you are providing service(s) to a third party, your customer’s or client’s gross revenues and/or funding (no matter what the source); or (b) if you are not providing service(s) to a third party, the amount generated in connection with your use of the Software.
Financial Thresholds: Financial Thresholds:
* The Financial Threshold for Unity Personal is US $100,000 for the most recent twelve (12) month period. To be Tier Eligible to use Unity Personal, your Total Finances may not exceed US $100,000. If your Total Finances exceed US $100,000 you may not use Unity Personal at all, even for internal projects or prototyping. * The Financial Threshold for Unity Personal is US $100,000 for the most recent twelve (12) month period. To be Tier Eligible to use Unity Personal, your Total Finances may not exceed US $100,000. If your Total Finances exceed US $100,000 you may not use Unity Personal at all, even for internal projects or prototyping.
* The Financial Threshold for Unity Plus is US $200,000 for the most recent twelve (12) month period. To be Tier Eligible to use Unity Plus, your Total Finances may not exceed US $200,000. If your Total Finances exceed $200,000, you may only use Unity Pro or Unity Enterprise. * The Financial Threshold for Unity Plus is US $200,000 for the most recent twelve (12) month period. To be Tier Eligible to use Unity Plus, your Total Finances may not exceed US $200,000. If your Total Finances exceed $200,000, you may only use Unity Pro (including pursuant to a Unity Plan that includes Unity Pro).
* There is no Financial Threshold for Unity Pro. You do not need to be Tier Eligible to use Unity Pro; Unity Pro may be used by anyone. * Other than for Industry Customers, there is no Financial Threshold for Unity Pro. Unity Pro may be used by anyone who is not an Industry Customer.
* The Financial Threshold for Unity Pro for Industry Customers is US $1,000,000 for the most recent twelve (12) month period. If you are an Industry Customer, to be Tier Eligible to use Unity Pro, your Total Finances may not exceed US $1,000,000. If your Total Finances exceed $1,000,000, you may only use the Unity Industry version of the Unity Editor.
For clarity, these Financial Thresholds apply whether or not you use the Software as part of a Unity Plan. For clarity, unless otherwise set forth above, these Financial Thresholds apply whether or not you use the Unity Software as part of a Unity Plan.
By using the Software, you represent and warrant that you are Tier Eligible to use the tier of Unity Software you are using and those being used on your behalf. You understand that it is your responsibility to maintain complete records establishing your Tier Eligibility and you bear the burden of proving your Tier Eligibility if we ask. By using the Unity Software, you represent and warrant that you are Tier Eligible to use the tier of Unity Software you are using and those being used on your behalf. You understand that it is your responsibility to maintain complete records establishing your Tier Eligibility and you bear the burden of proving your Tier Eligibility if we ask.
2. Use Rights 2. Use Rights
The scope and limitations of your right to access and use the Unity Editor Offerings are as follows: The scope and limitations of your right to access and use the Unity Editor and Unity Runtime Offerings may depend on whether you are an Industry Customer and are as set forth in this Section 2. For clarity, the license grants in Sections 2.1 and 2.2 are primarily for creators creating first-party content (e.g., a game maker making their own games); if that’s not you, rather you’re a service provider, Platform, agency, reseller or otherwise, you may need a separate grant of rights from Unity and/or written authorization. Please reach out to your Unity salesperson for partnership opportunities.
2.1 Unity Editor and Unity Runtime 2.1 Unity Editor
“Unity Editor” means the executable form of the authoring environment provided by the Software. Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable fees, Unity grants you a non-exclusive, non-transferable right to install and execute the Unity Editor solely for internal use by the number of Authorized Users as set forth in your Offering Identification to develop your Projects during the applicable term (the “Unity Editor Rights”).
“Unity Runtime” means the runtime portion of the Software intended for distribution. You may not distribute (within the Unity Package Manager, on Unity Forums or otherwise) User Modifications to enable access to, or optimize for, a Platform that is not a Unity Supported Platform without a separate grant of rights from Unity. You may create such User Modifications for your individual/own Project(s) for use by you and your Authorized Users.
Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, royalty-free right to (a) install and execute the Unity Editor solely for internal use by the number of Authorized Users as set forth in your Offering Identification to develop your Projects during the applicable term (the “Unity Editor Rights”), and (b) if you are using a version of Software other than an Educational Version, distribute the Unity Runtime as an integrated part of your Projects, solely as embedded or incorporated into your Projects, and solely to third parties to whom you license or sell your Projects or who provide you with services, in each case pursuant to an agreement that is no less protective of Unity and its licensors and its service providers than this Agreement. You may not make available all or any part of the Unity Editor or its functionality, nor process data using the Unity Editor, in each case to or for End Users, other than to your Authorized Users, through any cloud, hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other technology or service or otherwise), without a separate grant of rights from Unity.
2.2 Unity Plans 2.2 Unity Runtime
Each Unity Plan includes one (1) subscription to use the Unity Software designated for that Unity Plan as well as the Plan Benefits available with that Unity Plan. Your use of Software as part of your Unity Plan is, accordingly, subject to all rights and restrictions set forth herein with respect to the applicable tier of the Software, unless explicitly modified by this Section 2.2. Subject to payment of applicable fees, if any, you may distribute the Unity Runtime as an integrated part of your Projects, solely as embedded or incorporated into your Projects, and solely to third parties to whom you license or sell your Projects or who provide you with services, in each case pursuant to an agreement that is no less protective of Unity and its licensors and its service providers than this Agreement.
The specific Plan Benefits associated with your Unity Plan are available in the Offering Identification. Unity may modify Plan Benefits from time to time in its sole discretion. 2.2.1 Industry
Your Plan Benefits may include certain Offerings, Unity Toolkits, standalone third party software, and/or the right to add on other Offerings, like Unity’s Integrated Success Services, Professional Services or a license to access the Unity source code. Access to Plan Benefits is subject to separate terms and conditions applicable to such benefits (as stated in these Software Terms, the Terms, on Unity’s [Legal Information page](https://unity3d.com/legal), or as otherwise provided to you by Unity) and may incur additional fees. Notwithstanding the foregoing, if you are an Industry Customer, subject to payment of applicable fees and Unity’s express authorization, you may distribute the Unity Runtime as an integrated part of your Projects, solely as embedded or incorporated into your Projects, and solely to third parties to whom you license or sell your Projects or who provide you with services, in each case pursuant to an agreement that is no less protective of Unity and its licensors and its service providers than this Agreement.
2.1.1 Educational Versions
Unity offers Educational Versions of Software which are subject to certain eligibility requirements as follows:
* The Unity Student Plan may be used solely by students who are currently enrolled in an accredited educational institution. Without limiting the Terms, the Unity Student Plan may be used by students who are at least the age at which an individual can consent to the processing of their personal data in their country of residence (e.g., if you are under 13 in the United States and 16 in the European Union, you may not use the Unity Student Plan) and who are currently enrolled in an accredited educational institution as verified by Unity or Unity's third-party partner.
* The Unity Educator Plan may be used solely by educators who are currently teaching at (a) post-secondary accredited educational institutions, or (b) Grade 8 to Grade 12 schools or accredited educational institutions in the United States.
* The Unity Educational Grant License may be used solely by educational or non-profit institutions who meet the eligibility requirements for the Educational Grant License Program available in the application provided by Unity or Unity’s third party partners as set forth in the [Unity License Grant Program Qualification Criteria](https://images.response.unity3d.com/Web/Unity/%7Bec5fee0f-2073-4bf9-8fc3-e186e16d13c3%7D_License_Grant_qualification_criteria.pdf). Unity may include a watermark designating that your Project was created using the education version of the Unity Software.
Unity EdLab may be used solely by educational institutions in the United States. Educational or non-profit institutions may apply for the Unity Educational Grant License and are subject to verification by Unity or Unity's third-party partner.
2.2.2 Education Plan Benefits
Depending on your role as an enrolled student or an educator, you may apply for the Student Plan or the Educator Plan. If approved, your subscription to either the Student Plan or the Educator Plan includes one (1) subscription to use Unity Pro. Your use of Unity Pro as part of your Unity Student Plan or the Unity Educator Plan is, accordingly, subject to all rights and restrictions set forth herein with respect to Unity Pro, unless explicitly modified by this Section 2.2.
As the institutional account administrator for a Unity EdLab plan, you will be granted a license of Unity Pro with multiple seats to be distributed and managed by you among your institution. You will be solely responsible for all activities within your account. The use of Unity Pro as part of the Educational Grant License Program is, accordingly, subject to all rights and restrictions set forth herein with respect to Unity Pro, and, specifically, Section 2.2 of these Software Terms.
2.3 Unity Toolkits 2.3 Unity Toolkits
If Unity provides you with a Unity Toolkit, you may access and use such Unity Toolkit exclusively for use with the Software and not in a standalone capacity. If Unity provides you with the source code for a Unity Toolkit, then conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, royalty-free right to use, reproduce and modify such source code for the sole purpose of developing your Project, and to publish and distribute your modifications to such source code in binary form to third parties as a component part, but not the primary functionality, of your Project. You are solely responsible for any modifications you make to a Unity Toolkit, you agree to indemnify, defend and hold Unity harmless for any claims involving such modifications, and Unity expressly disclaims any and all liability for a modified Unity Toolkit. If Unity provides you with a Unity Toolkit, you may access and use such Unity Toolkit exclusively for use with the Unity Software and not in a standalone capacity. If Unity provides you with the source code for a Unity Toolkit, then conditioned upon your compliance with these Unity Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, royalty-free right to use, reproduce and modify such source code for the sole purpose of developing your Project, and to publish and distribute your modifications to such source code in binary form to third parties as a component part, but not the primary functionality, of your Project. You are solely responsible for any modifications you make to a Unity Toolkit, you agree to indemnify, defend and hold Unity harmless for any claims involving such modifications, and Unity expressly disclaims any and all liability for a modified Unity Toolkit.
2.4 Build License 2.4 Build License
The following applies if you purchase Unity’s “Build License” subscription through special arrangement with Unity: The following applies if you purchase Unity’s “Build License” subscription through special arrangement with Unity:
Your Build License subscription includes one (1) subscription to use Unity Pro. Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to install that copy of Unity Pro on up to ten (10) internal build machines, and you may use that copy for the sole purposes of publishing and distributing, but not creating, your Projects. Your use of Unity Pro as part of your Build License subscription is subject to all rights and restrictions set forth herein with respect to Unity Pro, unless explicitly modified by this Section 2.4. Your Build License subscription includes one (1) subscription to use Unity Pro. Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to install that copy of Unity Pro on up to ten (10) internal build machines, and you may use that copy for the sole purposes of publishing and distributing, but not creating, your Projects. Your use of Unity Pro as part of your Build License subscription is subject to all rights and restrictions set forth herein with respect to Unity Pro, unless explicitly modified by this Section.
For clarity, you must purchase a separate "Unity Build Server" subscription in order to use Unity Build Server, subject to the Unity Build Server Terms below. For clarity, you must purchase a separate "Unity Build Server" subscription in order to use Unity Build Server, subject to the Unity Build Server Terms.
2.5 Unity Build Server 2.5 Unity Build Server
The following applies if you purchase, download, install or use Unity Build Server: The following applies if you purchase, download, install or use Unity Build Server:
Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to use Unity Build Server to manage the use of the Unity Editor Software, installed on a specified number of concurrent Machines (as permitted by your Unity Build Server subscription), for the sole purpose of generating “builds” of your Projects. Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to use Unity Build Server to manage the use of the Unity Software, installed on a specified number of concurrent Machines (as permitted by your Unity Build Server subscription), for the sole purpose of generating “builds” of your Projects.
Your Unity Build Server subscription tier (e.g., Unity Pro Build Server) must match the Unity Software subscription tier used to create your Projects (e.g., Unity Pro). You may not use Unity Build Server with the Unity Plus or Unity Personal tiers of the Unity Software.
2.6 HMI Platform Deployment 2.6 HMI Platform Deployment
If the “HMI Platform Deployment” feature is included with your subscription, then conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, non-exclusive, non-transferable, revocable right during the applicable term to integrate and embed the Unity Runtime into a number of electronic devices or systems (including, for the avoidance of doubt, vehicles and human transport systems) included in your subscription, solely in order to power, design or implement the human machine interface (HMI) of such device or system. If you are using Software to power a third party’s human-machine interface, the third party must purchase the HMI Platform Deployment feature. If the “HMI Platform Deployment” feature is included with your subscription, then conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, non-exclusive, non-transferable, revocable right during the applicable term to integrate and embed the Unity Runtime into a number of electronic devices or systems (including, for the avoidance of doubt, vehicles and human transport systems) included in your subscription, solely in order to power, design or implement the human machine interface (HMI) of such device or system. If you are using Unity Software to power a third party’s human-machine interface, the third party must purchase the HMI Platform Deployment feature.
You will be responsible for the implementation and/or obtention of any required certifications, fail-safe mechanisms, safety testing and hardware testing related to your HMI Platform Deployment. You will be responsible for the implementation and/or obtention of any required certifications, fail-safe mechanisms, safety testing and hardware testing related to your HMI Platform Deployment.
2.7 Unity Package Manager 2.7 Unity Package Manager
As part of the Software, Unity may include or make available a mechanism for installing, upgrading, configuring and removing Packages for use with the Software (the “Unity Package Manager”), which may be used in accordance with the Unity Editor Rights set forth above. Additionally, conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free right to deliver or otherwise make Packages available within the Unity Editor, including via the Unity Package Manager, subject at all times to the Unity Editor Rights, and provided you comply with [Unity’s Package Guiding Principles & Guidelines](https://unity3d.com/legal/terms-of-service/software/package-guidelines). You may not otherwise make Packages available within the Unity Editor. As part of the Unity Software, Unity may include or make available a mechanism for installing, upgrading, configuring and removing Packages for use with the Unity Software (the “Unity Package Manager”), which may be used in accordance with the Unity Editor Rights set forth above. Additionally, conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free right to deliver or otherwise make Packages available within the Unity Editor, including via the Unity Package Manager, subject at all times to the Unity Editor Rights, and provided you comply with [Unity’s Package Guiding Principles & Guidelines](https://unity3d.com/legal/terms-of-service/software/package-guidelines). You may not otherwise make Packages available within the Unity Editor.
If you do make Packages available within the Unity Editor as authorized herein, you represent and warrant that you have all necessary rights in and to any such Packages, you agree to indemnify, defend and hold Unity harmless for any claims involving such Packages, and Unity expressly disclaims any and all liability for such Packages. Without limitation of other rights that Unity has, including those set forth Terms to suspend or terminate your Unity Account, Unity will have the right in its sole discretion, and without prior notice, to disable or suspend access to a Package in order to stop or prevent a violation of this Section or the Package Guidelines. If you do make Packages available within the Unity Editor as authorized herein, you represent and warrant that you have all necessary rights in and to any such Packages, you agree to indemnify, defend and hold Unity harmless for any claims involving such Packages, and Unity expressly disclaims any and all liability for such Packages. Without limitation of other rights that Unity has, including those set forth Terms to suspend or terminate your Unity Account, Unity will have the right in its sole discretion, and without prior notice, to disable or suspend access to a Package in order to stop or prevent a violation of this Section or the Package Guidelines.
Unity may automate delivery of certain Unity-authorized Packages within the Unity Editor. Your use of a Package may be subject to separate or additional terms and conditions and/or privacy policy, as indicated in such Package. Unity may automate delivery of certain Unity-authorized Packages within the Unity Editor. Your use of a Package may be subject to separate or additional terms and conditions and/or privacy policy, as indicated in such Package.
2.8 Copies of Unity Software; Concurrent Use. 2.8 Concurrent use; Copies of Unity Software.
2.8.1 Unless we make available and you have purchased floating licenses for a Plan that includes the Unity Editor, you (and your Authorized Users) may install the Unity Editor 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 Editor solely for backup or archival purposes. For the sake of clarity, you (or your Authorized User) may only use one installation at any given time. Unity may in its sole discretion authorize you to install the Unity Editor on additional computers or operating systems upon deactivation of the Unity Editor installed on existing computers. For clarity, in no event may third party service providers directly or indirectly distribute, run or use the Unity Editor so that it is executed on or simulated by the cloud or a remote server and transmitted over the Internet or other network except where they are acting on your behalf as an Authorized User in accordance with this Section 2.8.1. Unless we make available and you have purchased floating licenses for a Plan that includes the Unity Editor, you (and your Authorized Users) may install the Unity Editor 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 Editor solely for backup or archival purposes. For the sake of clarity, you (or your Authorized User) may only use one instance at any given time per seat. Unity may in its sole discretion authorize you to install the Unity Editor on additional computers or operating systems upon deactivation of the Unity Editor installed on existing computers. For clarity, in no event may third party service providers directly or indirectly distribute, run or use the Unity Editor so that it is executed on or simulated by the cloud or a remote server and transmitted over the Internet or other network except where they are acting on your behalf as an Authorized User in accordance with this Section.
2.8.2 Any Offering designated in Unity’s systems as being sold under a “floating” license may not be used, at any given time, on a total number of devices or shared globally among multiple users in excess of your total number of seats purchased (whether such users are using the Offering offline or on a dedicated basis or otherwise).
2.9 Third Party Requirements 2.9 Third Party Requirements
@ -122,71 +105,57 @@ Unity does not have any obligation under these Software Terms to provide support
2.10 Bundled Offerings 2.10 Bundled Offerings
Unity Software and Offerings may be bundled together, along with Unity Services, Unity Toolkits, standalone third-party software and/or the right to add on other Unity offerings. Access to such entitlements is subject to separate terms and conditions applicable to such entitlements (as stated in Unity’s Terms of Service, on Unity’s Legal Information Page, or as otherwise provided to you by Unity) and may incur additional fees. Unity Software and Offerings may be bundled together, along with Unity Services, Unity Toolkits, standalone third-party software and/or the right to add on other Unity offerings. Access to such entitlements is subject to separate terms and conditions applicable to such entitlements (as stated in Unity’s Terms of Service, on Unity’s Legal Information Page, or as otherwise provided to you by Unity) and may incur additional fees as indicated on an Offering Identification.
2.11 Unity Software is a Tool 2.11 Unity Software is a Tool
Software products are tools and are intended only to assist you with your design, analysis, simulation, testing and other activities and are not a substitute for your professional judgment or your own independent design, analysis, simulation, testing or other activities. Due to the large variety of potential applications for Software, they have not been designed or tested for any specific uses, and it is your responsibility to determine whether the use of Software is appropriate for the purposes you pursue. Unity will not be responsible or liable in any manner whatsoever for the results obtained through use of Software, including any Project, or for the operation of any mechanism or device that is used in connection with Software or the Project. You are responsible for your (including your authorized users’) use of Unity Software and any results produced by Unity Software, including any Project. You are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, compliance with applicable legal requirements, and other characteristics of any Project or its operation, including, without limitation, all items designed with the assistance of Software. You further acknowledge that Software and your Project may not achieve the results you desire within your design, analysis, simulation, testing and other constraints. Unity Software products are tools and are intended only to assist you with your design, analysis, simulation, testing and other activities and are not a substitute for your professional judgment or your own independent design, analysis, simulation, testing or other activities. Due to the large variety of potential applications for Unity Software, they have not been designed or tested for any specific uses, and it is your responsibility to determine whether the use of Unity Software is appropriate for the purposes you pursue. Unity will not be responsible or liable in any manner whatsoever for the results obtained through use of Unity Software, including any Project, or for the operation of any mechanism or device that is used in connection with Unity Software or the Project. You are responsible for your (including your authorized users’) use of Unity Software and any results produced by Unity Software, including any Project. You are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, compliance with applicable legal requirements, and other characteristics of any Project or its operation, including, without limitation, all items designed with the assistance of Unity Software. You further acknowledge that Unity Software and your Project may not achieve the results you desire within your design, analysis, simulation, testing and other constraints
Where your use of Software for Projects is related to (i) the process of creation, manufacture, distribution or operation of physical products or materials including, but not limited to, automobiles, airplanes, ships, buildings, tools or machines, or (ii) any other physical use impacting the safety or security of persons or property, the following applies: in addition to any other indemnification obligation(s) you have under the Terms, you will further indemnify, hold harmless and defend Unity from all claims, defense costs (including reasonable attorneys’ fees and expenses), agreed settlements and finally awarded judgements arising out of any violation by you (or any of your agents) of any applicable safety law, regulation or industry standard applicable, or any damage to persons or property connected with your Projects. Where your use of Unity Software for Projects is related to (i) the process of creation, manufacture, distribution or operation of physical products or materials including, but not limited to, automobiles, airplanes, ships, buildings, tools or machines, or (ii) any other physical use impacting the safety or security of persons or property, the following applies: in addition to any other indemnification obligation(s) you have under the Terms, you will further indemnify, hold harmless and defend Unity from all claims, defense costs (including reasonable attorneys’ fees and expenses), agreed settlements and finally awarded judgements arising out of any violation by you (or any of your agents) of any applicable safety law, regulation or industry standard applicable, or any damage to persons or property connected with your Projects.
3. Consent to Data Collection; Privacy Policy Obligations. 2.12 Proprietary Notices and Attribution
3.1 Data Collection You agree to retain the copyright, trademark, and other proprietary notices and disclaimers of Unity as they appear in the Offerings or documentation. If a Project you develop using Unity Software includes credits and attributions, you must display the following notice (replacing xxxx with the current year):
You acknowledge and accept Unity's Privacy Policy. You agree that the Software (including the Unity Runtime in your Projects) may send data to Unity to: (a) check for Software updates; (b) provide aggregated usage statistics of your use of the Software and the use of your Projects by end users; (c) provide optional Developer Services; and (d) validate subscriptions in order to prevent unauthorized use. You acknowledge and agree that Unity may deliver messages and contact you about the Software and other Unity product and service offerings. “[Project name] was made with Unity®. Unity is a trademark or registered trademark of Unity Technologies”
3.2 Obligations “Copyright © 2005-xxxx Unity Technologies. All rights reserved.” No other license or right is granted under these Software Terms in the trademarks, service marks, trade names, and logos associated with Unity, Unity’s Offerings, or other intellectual property, including the Unity Software (the “Unity Trademarks”). All use of the Unity Trademarks must comply with [Unity’s Trademark Guidelines](https://unity.com/legal/branding-trademarks).
You agree, and will ensure by obtaining all required consents in accordance with applicable law, that Unity has the right to receive, collect, retain and use data collected from your end users in accordance with Unity's privacy policy, which may be updated from time to time. 3. Support
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 or in any Offering Identification. 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.
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 or in any Offering Identification. You acknowledge and agree that Unity has no obligation under this Agreement to provide patches, updates, new releases or new versions of the Software. 4. Definitions:
5. Term. “Industry Customer” means any individual or legal entity licensing Unity Software or a Unity Plan hereunder to develop Projects for industrial use.Industry Customers may include, but are not limited to customers that develop Projects for the automotive, architecture, engineering, construction, aerospace, manufacturing, oil and gas, or retail industries.
Subscriptions for a Unity Plan (or any other Software distributed on a subscription basis) the Software will remain in effect for the initial subscription period, and thereafter such subscription will automatically renew in accordance with your original payment frequency and commitment period at the then-current list price for such plan, or as otherwise authorized by Unity, unless you select a different available renewal option (i.e., payment frequency and/or commitment period) in your account (for subscriptions purchased online), otherwise change or renew your subscription plan, or terminate and cancel it as described in the Terms prior to the end of your current subscription period. For clarity, subscriptions for the Software are not cancelable during the applicable subscription term and are non-refundable.
Paid in full, perpetual seats will remain in effect unless earlier terminated in accordance with the Terms.
6. Modifications to these Software Terms and Long-Term Supported versions.
Without limiting the Terms, Unity may update these Software Terms at any time for any reason and without notice (the “Updated Terms”) and those Updated Terms will apply to the most recent current-year version of the Software, provided that, if the Updated Terms adversely impact your rights, you may elect to continue to use any current-year versions of the Unity Software (e.g., 2020.x and 2020.y and any Long Term Supported (LTS) versions for the Long Term Supported term as specified in the Offering Identification) according to the terms that applied just prior to the Updated Terms (the “Prior Terms”). The Updated Terms will then not apply to your use of those current-year versions unless and until you update to a subsequent year version of the Software (e.g. from 2020.3 to 2021.1). If material modifications are made to these Terms, Unity will endeavor to notify you of the modification. If a modification is required to comply with applicable law, the modification will apply notwithstanding this section. Except as explicitly set forth in this paragraph, your use of any new version or release of the Software will be subject to the Updated Terms applicable to that release or version. You understand that it is your responsibility to maintain complete records establishing your entitlement to Prior Terms.
7. Definitions:
“Legal Entity” means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture or other form of business organization, including any Not-for-Profit Entity. “Legal Entity” means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture or other form of business organization, including any Not-for-Profit Entity.
“Machine” means a computer, or computer program, virtual computer, cloud instance or API connection that is configured to: (a) access your network in order to check Unity Build Server subscriptions out/in from a shared pool; and (b) run Unity Pro in the batch-mode that Unity Build Server unlocks and/or (c) set up the license server and auto-provision build server licenses.
“Not-for-Profit 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. “Not-for-Profit 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.
“Package” means a distribution of files or resources packed together as a software collection to provide certain functionality to Unity Software users. “Package” means a distribution of files or resources packed together as a software collection to provide certain functionality to Unity Software users.
“Plan Benefits” means the subscription benefits, including specific entitlements, that Unity makes generally available with the Unity Software in connection with a Unity Plan. “Platform” means a discrete combination of: (a) operating system (specific version / fork / operating mode / build); (b) hardware (including but not limited to CPU and GPU architectures); (c) development toolchain and SDKs and variants thereof designed for the specific version of the operating system; (d) form factor, including peripheral combinations and/or variants; (e) distribution mechanism (such as stores or streaming services) and/or (f) a runtime context, including cloud environments, hosted process or service (i.e. Unity content running inside another process / application / service). Notwithstanding the foregoing, if a Platform exists solely under clause (f) above and hosts third-party content, such Platform is not a “Platform” for purposes of Section 2.1 hereof unless such Platform commercializes such third-party content, or the aggregation of such third-party content is the sole purpose of such Platform.
“Platform” means a discrete combination of: (a) operating system (specific version / fork / operating mode / build); (b) hardware (including but not limited to CPU and GPU architectures); (c) development toolchain and SDKs and variants thereof designed for the specific version of the operating system; (d) form factor, including peripheral combinations and/or variants; and (e) distribution mechanism (such as stores).
“System Requirements” means the technical requirements, including the listed supported hardware and software, for the Unity Software as set forth in the documentation for the Unity Software, which is regularly updated for each major release. “System Requirements” means the technical requirements, including the listed supported hardware and software, for the Unity Software as set forth in the documentation for the Unity Software, which is regularly updated for each major release.
"Third Party Software" means software developed by third parties that is furnished with or as part of Unity Software. “Unity Editor” means the executable form of the authoring environment provided by the Unity Software.
“Unity Editor” has the meaning set forth in Section 2.1 (Use Rights).
“Unity Editor Rights” has the meaning set forth in Section 2.1 (Use Rights).
“Unity EdLab” means the streaming version of Unity Pro applicable to educational institutions as verified by Unity’s third-party partners for educational and/or other non-commercial purposes only. “Unity EdLab” means the streaming version of Unity Pro applicable to educational institutions as verified by Unity’s third-party partners for educational and/or other non-commercial purposes only.
“Unity Personal” means the “Unity Personal” version of the Unity Software. Unity Personal is available to individuals and Legal Entities who are Tier Eligible to use Unity Personal. “Unity Industry” means the Unity Plan made specifically available to Industry Customers as set forth in the Offering Identification.
“Unity Plan” means a type of subscription that includes both the Unity Software and certain Plan Benefits. “Unity Personal” means the “Unity Personal” version of the Unity Software. Unity Personal is available to individuals and Legal Entities who are Tier Eligible to use Unity Personal.
“Unity Plus” means the "Unity Plus" Unity Plan, which includes a subscription to use a premium version of the Unity Software. Unity Plus is available to individuals and Legal Entities who are Tier Eligible to use Unity Plus. “Unity Plus” means the "Unity Plus" Unity Plan, which includes a subscription to use a premium version of the Unity Software. Unity Plus is available to individuals and Legal Entities who are Tier Eligible to use Unity Plus.
“Unity Pro” means the "Unity Pro" Unity Plan, which includes a subscription to use a premium version of the Unity Software. You do not need to be Tier Eligible to use Unity Pro; Unity Pro may be used by anyone who pays the applicable subscription fees. “Unity Pro” means the "Unity Pro" Unity Plan, which includes a subscription to use a premium version of the Unity Software. You do not need to be Tier Eligible to use Unity Pro; Unity Pro may be used by anyone who pays the applicable subscription fees.
“Unity Runtime” has the meaning set forth in Section 2.1 (Use Rights). “Unity Runtime” means the runtime portion of the Unity Software intended for distribution.
“Unity Software” means all versions and updates of all the downloadable Unity Enterprise, Unity Pro, Unity Plus and Unity Personal software products identified on Unity’s website. “Unity Software” means all versions and updates of all the downloadable Unity Pro, Unity Plus and Unity Personal software products identified in the relevant Offering Identification.
"Unity Student Plan" means the student version of the "Unity Pro" subscription. Students who are at least the age at which an individual can consent to the processing of their personal data (e.g., 13 in the United States, 16 in the European Union) and who are currently enrolled in an accredited educational institution, as verified by Unity or Unity's third-party partner, are eligible to use the Unity Student Plan. "Unity Student Plan" means the student version of the "Unity Pro" subscription. Students who are at least the age at which an individual can consent to the processing of their personal data (e.g., 13 in the United States, 16 in the European Union) and who are currently enrolled in an accredited educational institution, as verified by Unity or Unity's third-party partner, are eligible to use the Unity Student Plan.
@ -194,3 +163,4 @@ Without limiting the Terms, Unity may update these Software Terms at any time fo
"Unity Toolkits" means a set of prefab assets and C# scripts with a documented API that enables you to deliver extended functionality beyond that available with the Unity Software. "Unity Toolkits" means a set of prefab assets and C# scripts with a documented API that enables you to deliver extended functionality beyond that available with the Unity Software.
“User Modifications” means modifications, enhancements, tools or other additional functionality to the Unity Editor made by you.