Update Unity Software Additional Terms to December 05, 2018 version
Legal Notices
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@ -6,6 +6,7 @@ From time to time, Unity may update these software terms and other legal terms,
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## Revisions
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### Unity Software Additional Terms
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* [February 21, 2018 - Current](Unity%20Software%20Additional%20Terms.md)
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* [December 05, 2018 - Current](Unity%20Software%20Additional%20Terms.md)
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* [February 21, 2018](../9246e9c/Unity%20Software%20Additional%20Terms.md)
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* [November 04, 2016](../45e7734/Unity%20Software%20Additional%20Terms.md)
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* [June 28, 2016](../5a5b11e/Unity%20Software%20Additional%20Terms.md)
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@ -1,6 +1,9 @@
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Unity Pro, Unity Plus and Unity Personal Software Additional Terms
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Unity Software Additional Terms
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**Last Updated February 21, 2018**
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(Unity Pro, Unity Plus and Unity Personal)
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------------------------------------------
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**Last Updated December 5, 2018**
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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 are incorporated into the [Unity
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@ -10,7 +13,8 @@ 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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**Tier Eligibility**
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Tier Eligibility
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----------------
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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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@ -21,15 +25,15 @@ 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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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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### 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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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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@ -39,7 +43,7 @@ Finances will be converted to US currency to determine your Tier Eligibility.
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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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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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@ -47,7 +51,7 @@ your behalf. You understand that it is your responsibility to maintain complet
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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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### 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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@ -64,7 +68,7 @@ your Tier Eligibility if we ask.
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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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### 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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@ -81,9 +85,10 @@ 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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**1. Rights to use the Unity Software.**
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## 1. Rights to use the Unity Software.
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------------------------------------
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**1.1 Use Rights.**
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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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@ -106,9 +111,9 @@ 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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1.1(b).
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**1.2 Copies of Unity Products.**
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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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@ -119,14 +124,14 @@ 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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### 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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### 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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@ -135,9 +140,10 @@ 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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**2. Restrictions.**
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## 2. Restrictions.
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----------------
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**2.1 Unity Software Tier Restrictions.**
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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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@ -156,7 +162,7 @@ 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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### 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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@ -164,7 +170,7 @@ 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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### 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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@ -175,26 +181,39 @@ 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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### 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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runtime portion of the Unity Software (the “**Unity Runtime**”), or your Project
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Content (if it incorporates the Unity Runtime) by means of streaming or
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broadcasting so that any portion of the Unity Software is primarily executed on
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or simulated by the cloud or a remote server and transmitted over the Internet
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or other network to end user devices without a separate license or authorization
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from Unity. Without limiting the foregoing, you may not use a managed service
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running on cloud infrastructure (a “**Managed Service**”) or a specific
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integration of a binary add-on (for example, a plugin or SDK) or source code to
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be integrated in the Unity Software or Your Project Content incorporating the
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Unity Runtime (an “**SDK Integration**”) to install or execute the Unity Runtime
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on the cloud or a remote server, unless such use of the Managed Service or SDK
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Integration has been specifically authorized by Unity. Additionally, you may
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not integrate the Unity Runtime with a Managed Service or SDK Integration and
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offer that integration to third parties for the purpose of installing or using
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the Unity Runtime on the cloud or a remote server. For a list of Unity
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authorized streaming platforms, Managed Services and SDK Integrations,
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click here.This restriction does not prevent end users from remotely accessing
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your Project Content from an end user device that is running on another end user
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device. You may not use a third party to directly or indirectly distribute or
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make available, stream, broadcast (through simulation or otherwise) any portion
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of the Unity Software unless that third party is authorized by Unity to provide
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such services.
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**2.5 Gambling Restriction.**
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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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You may not develop, distribute or publish any of your Project Content in
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connection with any Gambling Activities without a separate license agreement
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from Unity.
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**2.6 General Restrictions.**
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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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@ -225,9 +244,10 @@ 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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**3. Consent to Data Collection; Privacy Policy Obligations.**
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## 3. Consent to Data Collection; Privacy Policy Obligations.
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----------------------------------------------------------
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**3.1 Data Collection**
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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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@ -238,7 +258,7 @@ 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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### 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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@ -246,7 +266,8 @@ 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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**4. Support.**
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## 4. Support.
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-----------
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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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@ -255,7 +276,8 @@ 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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**5. Term.**
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## 5. Term.
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--------
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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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@ -270,7 +292,8 @@ return to Unity all copies of the Unity Software in your possession or control.
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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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## 6. U.S. Government Rights.
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--------------------------
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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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@ -288,14 +311,16 @@ 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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**7. Export Law.**
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## 7. Export Law.
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--------------
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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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**8. Definitions.**
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## 8. Definitions.
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---------------
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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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@ -328,18 +353,15 @@ section above in these Software Terms.
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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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on the Unity website. Software that is available for free to individuals and
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Legal Entities who are Tier Eligible to use Unity Personal.
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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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8.11 “**Unity Plus**” means Unity Plus Subscription, a premium version of the
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Unity Software available to individuals and Legal Entities who are Tier Eligible
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to use Unity Plus.
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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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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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8.12 “**Unity Pro**” means Unity Professional Subscription, the premium version
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of 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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8.13 “**Unity Software**” means all versions and updates of all the downloadable
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