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Update Unity Software Additional Terms to December 05, 2018 version

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Legal Notices 2018-12-05 12:00:00 -08:00
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README.md
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@ -6,6 +6,7 @@ From time to time, Unity may update these software terms and other legal terms,
## Revisions ## Revisions
### Unity Software Additional Terms ### Unity Software Additional Terms
* [February 21, 2018 - Current](Unity%20Software%20Additional%20Terms.md) * [December 05, 2018 - Current](Unity%20Software%20Additional%20Terms.md)
* [February 21, 2018](../9246e9c/Unity%20Software%20Additional%20Terms.md)
* [November 04, 2016](../45e7734/Unity%20Software%20Additional%20Terms.md) * [November 04, 2016](../45e7734/Unity%20Software%20Additional%20Terms.md)
* [June 28, 2016](../5a5b11e/Unity%20Software%20Additional%20Terms.md) * [June 28, 2016](../5a5b11e/Unity%20Software%20Additional%20Terms.md)

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Unity Software Additional Terms.md
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@ -1,6 +1,9 @@
Unity Pro, Unity Plus and Unity Personal Software Additional Terms Unity Software Additional Terms
**Last Updated February 21, 2018** (Unity Pro, Unity Plus and Unity Personal)
------------------------------------------
**Last Updated December 5, 2018**
Your use of the Unity Software is subject to these Additional Terms (the Your use of the Unity Software is subject to these Additional Terms (the
“**Software Terms**”), which supplement and are incorporated into the [Unity “**Software Terms**”), which supplement and are incorporated into the [Unity
@ -10,7 +13,8 @@ that you have read, understand and agree to be legally bound by and comply with
these Software Terms.  If you do not agree with these Software Terms, you are these Software Terms.  If you do not agree with these Software Terms, you are
not authorized to use the Unity Software in any manner. not authorized to use the Unity Software in any manner.
**Tier Eligibility** Tier Eligibility
----------------
You and everyone using the Unity Software on your behalf must be Tier Eligible You and everyone using the Unity Software on your behalf must be Tier Eligible
at all times.  “**Tier Eligible**” means that your Total Finances cannot exceed at all times.  “**Tier Eligible**” means that your Total Finances cannot exceed
@ -21,15 +25,15 @@ Finances grow to exceed the Financial Threshold of the Unity Software tier you
are using, you do not need to start from scratch - you can simply upgrade your are using, you do not need to start from scratch - you can simply upgrade your
license and continue working. How we measure your Total Finances varies based on license and continue working. How we measure your Total Finances varies based on
who you are.  Financial Thresholds are shown in US currency and your Total who you are.  Financial Thresholds are shown in US currency and your Total
Finances will be converted to US currency to determine your Tier Eligibility. Finances will be converted to US currency to determine your Tier Eligibility. 
**Total Finances are measured like this:** ### Total Finances are measured like this: 
- if you are a Legal Entity using the Unity Software (other than to provide - if you are a Legal Entity using the Unity Software (other than to provide
services to someone else), your Total Finances are your gross revenues services to someone else), your Total Finances are your gross revenues
and/or funding (no matter what the source), or, if you are a Not-for-Profit and/or funding (no matter what the source), or, if you are a Not-for-Profit
Entity, your budget for the entire entity (not just the department using the Entity, your budget for the entire entity (not just the department using the
Software), Software), 
- If you are an individual or a Legal Entity providing services to a third - If you are an individual or a Legal Entity providing services to a third
party, your Total Finances is deemed to be your customer or client’s Total party, your Total Finances is deemed to be your customer or client’s Total
@ -39,7 +43,7 @@ Finances will be converted to US currency to determine your Tier Eligibility.
services to a third party, your Total Finances are the amount generated in services to a third party, your Total Finances are the amount generated in
connection with your use of the Unity Software. In this case, your Total connection with your use of the Unity Software. In this case, your Total
Finances would not include amounts you generate from other work (for Finances would not include amounts you generate from other work (for
example, if your day job is as a zookeeper). example, if your day job is as a zookeeper). 
By using the Unity Software, you represent and warrant that you are Tier 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 Eligible to use the tier of Unity Software you are using and those being used on
@ -47,7 +51,7 @@ your behalf.  You understand that it is your responsibility to maintain complet
records establishing your Tier Eligibility and you bear the burden of proving records establishing your Tier Eligibility and you bear the burden of proving
your Tier Eligibility if we ask.     your Tier Eligibility if we ask.    
**Financial Thresholds for Unity Personal, Unity Plus and Unity Pro:** ### Financial Thresholds for Unity Personal, Unity Plus and Unity Pro:
- The Financial Threshold for Unity Personal is US \$100,000 for the most - 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, recent twelve (12) month period.  To be Tier Eligible to use Unity Personal,
@ -64,7 +68,7 @@ your Tier Eligibility if we ask.    
Eligible to use Unity Pro; Unity Pro may be used by anyone who pays the Eligible to use Unity Pro; Unity Pro may be used by anyone who pays the
applicable subscription fees. applicable subscription fees.
**No Mixing or Co-mingling:** ### No Mixing or Co-mingling: 
Unity Software tiers with different Financial Thresholds may not be used at the Unity Software tiers with different Financial Thresholds may not be used at the
same time by one entity or individual or for or on behalf of one entity or same time by one entity or individual or for or on behalf of one entity or
@ -81,9 +85,10 @@ your Project Content, and any available revenue estimate data.
Unity Personal users may be required to complete a user survey in order to Unity Personal users may be required to complete a user survey in order to
activate the Unity Software. activate the Unity Software.
**1. Rights to use the Unity Software.** ## 1. Rights to use the Unity Software.
------------------------------------
**1.1 Use Rights.** ### 1.1 Use Rights. 
Conditioned upon your compliance with the terms and conditions of this Agreement Conditioned upon your compliance with the terms and conditions of this Agreement
and payment of all applicable subscription fees, Unity grants you (or your and payment of all applicable subscription fees, Unity grants you (or your
@ -106,9 +111,9 @@ distributors who are licensing or selling your Project Content pursuant to an
agreement that is no less protective of Unity and its licensors as this agreement that is no less protective of Unity and its licensors as this
Agreement to exercise your rights under 1.1(b) on your behalf.  You may not Agreement to exercise your rights under 1.1(b) on your behalf.  You may not
otherwise allow third parties to use the rights granted under clauses 1.1(a) and otherwise allow third parties to use the rights granted under clauses 1.1(a) and
1.1(b). 1.1(b). 
**1.2 Copies of Unity Products.** ### 1.2 Copies of Unity Products. 
You (and your Designated Users) may install the Unity Software on both a primary You (and your Designated Users) may install the Unity Software on both a primary
and a secondary computer or operating system, solely for your convenience, but and a secondary computer or operating system, solely for your convenience, but
@ -119,14 +124,14 @@ may in its sole discretion authorize you to install the Unity Software on
additional computers or operating systems upon deactivation of the Unity additional computers or operating systems upon deactivation of the Unity
Software installed on existing computers. Software installed on existing computers.
**1.3 Unity Console Add-on Developer Requirements.** ### 1.3 Unity Console Add-on Developer Requirements. 
Use of the Unity Software with certain console platforms is subject to the Unity Use of the Unity Software with certain console platforms is subject to the Unity
Console Add-on Developer Requirements as set forth on the Unity website. The Console Add-on Developer Requirements as set forth on the Unity website. The
license keys to enable certain Unity Software console add-ons may be distributed license keys to enable certain Unity Software console add-ons may be distributed
by the console manufacturer. by the console manufacturer.
**1.4 Third Party Software.** ### 1.4 Third Party Software. 
The Unity Software incorporates or is bundled with Third Party Software governed The Unity Software incorporates or is bundled with Third Party Software governed
by separate terms, including open source licenses. Such Third Party Software by separate terms, including open source licenses. Such Third Party Software
@ -135,9 +140,10 @@ incorporated into this Agreement by reference. You agree that you have reviewed
and accepted those terms and that your use of the Unity Software will be deemed and accepted those terms and that your use of the Unity Software will be deemed
acceptance thereof. acceptance thereof.
**2. Restrictions.** ## 2. Restrictions.
----------------
**2.1 Unity Software Tier Restrictions.** ### 2.1 Unity Software Tier Restrictions. 
You acknowledge and agree that, as an express condition to the rights granted You acknowledge and agree that, as an express condition to the rights granted
under Section 1, you (and those using the Unity Software on your behalf or in under Section 1, you (and those using the Unity Software on your behalf or in
@ -156,7 +162,7 @@ such Asset Store content.  You acknowledge and agree that Unity may tag your
Project Content with an identifier to prevent any such unauthorized combination Project Content with an identifier to prevent any such unauthorized combination
of your Project Content. of your Project Content.
**2.2 Educational Product Restrictions.** ### 2.2 Educational Product Restrictions. 
If you are using an educational version of the Unity Software, your right to use If you are using an educational version of the Unity Software, your right to use
the Unity Software and distribute the runtime portion of the Unity Software in the Unity Software and distribute the runtime portion of the Unity Software in
@ -164,7 +170,7 @@ your Project Content is limited to educational, non-commercial purposes.  Unity
may include a watermark designating that your Project Content was created using may include a watermark designating that your Project Content was created using
the education version of the Unity Software.   the education version of the Unity Software.  
**2.3 Embedded Software Restriction.** ### 2.3 Embedded Software Restriction. 
You may not directly or indirectly distribute your Project Content installed on You may not directly or indirectly distribute your Project Content installed on
more than 1,000 electronic devices or systems if your Project Content provides more than 1,000 electronic devices or systems if your Project Content provides
@ -175,26 +181,39 @@ consumer electronic devices such as mobile phones, tablets, televisions or set
top boxes as long as your Project Content does not provide the user interface or top boxes as long as your Project Content does not provide the user interface or
primary functionality of such device. primary functionality of such device.
**2.4 Streaming and Cloud Gaming Restrictions.** ### 2.4 Streaming and Cloud Gaming Restrictions. 
You may not directly or indirectly distribute the Unity Software, including the You may not directly or indirectly distribute the Unity Software, including the
runtime portion of the Unity Software, or your Project Content (if it runtime portion of the Unity Software (the “**Unity Runtime**”), or your Project
incorporates the runtime portion) by means of streaming or broadcasting so that Content (if it incorporates the Unity Runtime) by means of streaming or
any portion of the Unity Software is primarily executed on or simulated by a broadcasting so that any portion of the Unity Software is primarily executed on
server and transmitted over the Internet or other network to end user devices or simulated by the cloud or a remote server and transmitted over the Internet
without a separate license from Unity. This restriction does not prevent end or other network to end user devices without a separate license or authorization
users from remotely accessing your Project Content from an end user device that from Unity. Without limiting the foregoing, you may not use a managed service
is running on another end user device.  You may not use a third party to running on cloud infrastructure (a “**Managed Service**”) or a specific
directly or indirectly distribute or make available, stream, broadcast (through integration of a binary add-on (for example, a plugin or SDK) or source code to
simulation or otherwise) any portion of the Unity Software unless that third be integrated in the Unity Software or Your Project Content incorporating the
party is authorized by Unity to provide such services.   Unity Runtime (an “**SDK Integration**”) to install or execute the Unity Runtime
on the cloud or a remote server, unless such use of the Managed Service or SDK
Integration has been specifically authorized by Unity.  Additionally, you may
not integrate the Unity Runtime with a Managed Service or  SDK Integration and
offer that integration to third parties for the purpose of installing or using
the Unity Runtime on the cloud or a remote server. For a list of Unity
authorized streaming platforms, Managed Services and SDK Integrations,
click here.This restriction does not prevent end users from remotely accessing
your Project Content from an end user device that is running on another end user
device.  You may not use a third party to directly or indirectly distribute or
make available, stream, broadcast (through simulation or otherwise) any portion
of the Unity Software unless that third party is authorized by Unity to provide
such services.
**2.5 Gambling Restriction.** ### 2.5 Gambling Restriction. 
You may not distribute or publish any of your Project Content in connection with You may not develop, distribute or publish any of your Project Content in
any Gambling Activities without a separate license agreement from Unity. connection with any Gambling Activities without a separate license agreement
from Unity.
**2.6 General Restrictions.** ### 2.6 General Restrictions. 
Except as expressly specified in this Agreement, you may not: (a) copy (except Except as expressly specified in this Agreement, you may not: (a) copy (except
in the course of loading or installing) or modify or create derivative works of in the course of loading or installing) or modify or create derivative works of
@ -225,9 +244,10 @@ the Unity Common Language Infrastructure (CLI) assemblies solely to inspect
their functionality for purposes of understanding or improving performance of their functionality for purposes of understanding or improving performance of
your Project Content or any editor extension to the Unity Software. your Project Content or any editor extension to the Unity Software.
**3. Consent to Data Collection; Privacy Policy Obligations.** ## 3. Consent to Data Collection; Privacy Policy Obligations.
----------------------------------------------------------
**3.1 Data Collection** ### 3.1 Data Collection
You acknowledge and accept Unity's privacy policy. You agree that the Unity You acknowledge and accept Unity's privacy policy. You agree that the Unity
Software (including the Unity runtime in your Project Content) may send data to Software (including the Unity runtime in your Project Content) may send data to
@ -238,7 +258,7 @@ order to prevent unauthorized use. You acknowledge and agree that Unity may
deliver messages and contact you about the Unity Software and other Unity deliver messages and contact you about the Unity Software and other Unity
product and service offerings. product and service offerings.
**3.2 Obligations** ### 3.2 Obligations
You agree, and will ensure by obtaining all required consents in accordance with 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 applicable law, that Unity has the right to receive, collect, retain and use
@ -246,7 +266,8 @@ data collected from your end users in accordance with  [Unity's privacy
policy](https://unity3d.com/legal/privacy-policy), which may be updated from policy](https://unity3d.com/legal/privacy-policy), which may be updated from
time to time. time to time.
**4. Support.** ## 4. Support.
-----------
You may access the online forums and the Unity Answers knowledge base through 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 the Site. You may also email support\@unity3d.com for assistance with your
@ -255,7 +276,8 @@ described on the Unity website. You acknowledge and agree that Unity has no
obligation under this Agreement to provide patches, updates, new releases or new obligation under this Agreement to provide patches, updates, new releases or new
versions of the Unity Software. versions of the Unity Software.
**5. Term.** ## 5. Term.
--------
Subscription based seats for Unity Pro and Unity Plus will remain in effect for Subscription based seats for Unity Pro and Unity Plus will remain in effect for
the initial subscription period (which has a minimum commitment of 12 months), the initial subscription period (which has a minimum commitment of 12 months),
@ -270,7 +292,8 @@ return to Unity all copies of the Unity Software in your possession or control.
Paid in full, perpetual seats will remain in effect unless earlier terminated in Paid in full, perpetual seats will remain in effect unless earlier terminated in
accordance with the Agreement. accordance with the Agreement.
**6. U.S. Government Rights.** ## 6. U.S. Government Rights.
--------------------------
The Unity Software and computer software documentation (“**Documentation**”) are The Unity Software and computer software documentation (“**Documentation**”) are
“commercial items” as that term is defined in the Federal Acquisition Regulation “commercial items” as that term is defined in the Federal Acquisition Regulation
@ -288,14 +311,16 @@ its successors. This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFARS, or other clause or provision that addresses supersedes, any other FAR, DFARS, or other clause or provision that addresses
Government rights in computer software or technical data. Government rights in computer software or technical data.
**7. Export Law.** ## 7. Export Law.
--------------
You agree to comply fully with all export laws and regulations to ensure that You agree to comply fully with all export laws and regulations to ensure that
neither the Unity Software nor any technical data related thereto nor any direct neither the Unity Software nor any technical data related thereto nor any direct
product thereof are exported or re-exported directly or indirectly in violation product thereof are exported or re-exported directly or indirectly in violation
of, or used for any purposes prohibited by, such laws and regulations. of, or used for any purposes prohibited by, such laws and regulations.
**8. Definitions.** ## 8. Definitions.
---------------
8.1 “**Financial Thresholds**” has the meaning set forth in the “Tier 8.1 “**Financial Thresholds**” has the meaning set forth in the “Tier
Eligibility” section above in these Software Terms. Eligibility” section above in these Software Terms.
@ -328,18 +353,15 @@ section above in these Software Terms.
8.9 “**Unity Console Add-on Developer Requirements**” means the applicable 8.9 “**Unity Console Add-on Developer Requirements**” means the applicable
registration process and terms a developer must follow and accept to become a registration process and terms a developer must follow and accept to become a
registered developer with the applicable console platform as set forth or linked registered developer with the applicable console platform as set forth or linked
on the Unity website. on the Unity website. Software that is available for free to individuals and
Legal Entities who are Tier Eligible to use Unity Personal.
8.10 “**Unity Personal**” means Unity Personal Edition, the tier of Unity 8.11 “**Unity Plus**” means Unity Plus Subscription, a premium version of the
Software that is available for free to individuals and Legal Entities who are Unity Software available to individuals and Legal Entities who are Tier Eligible
Tier Eligible to use Unity Personal. to use Unity Plus.
8.11 “**Unity Plus**” means Unity Plus Edition, a premium version of the Unity 8.12 “**Unity Pro**” means Unity Professional Subscription, the premium version
Software available to individuals and Legal Entities who are Tier Eligible to of the Unity Software available to everyone, including individuals and Legal
use Unity Plus.
8.12 “**Unity Pro**” means Unity Professional Edition, the premium version of
the Unity Software available to everyone, including individuals and Legal
Entities who are not Tier Eligible to use Unity Personal or Unity Plus. Entities who are not Tier Eligible to use Unity Personal or Unity Plus.
8.13 “**Unity Software**” means all versions and updates of all the downloadable 8.13 “**Unity Software**” means all versions and updates of all the downloadable