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Update Unity Software Additional Terms to January 16, 2019 version

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Legal Notices 2019-01-16 07:00:00 -08:00
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README.md
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@ -6,7 +6,8 @@ From time to time, Unity may update these software terms and other legal terms,
## Revisions ## Revisions
### Unity Software Additional Terms ### Unity Software Additional Terms
* [December 05, 2018 - Current](Unity%20Software%20Additional%20Terms.md) * [January 16, 2019 - Current](Unity%20Software%20Additional%20Terms.md)
* [December 05, 2018](../08f7fe2/Unity%20Software%20Additional%20Terms.md)
* [February 21, 2018](../9246e9c/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 Unity Software Additional Terms
-------------------------------
(Unity Pro, Unity Plus and Unity Personal) (Unity Pro, Unity Plus and Unity Personal)
------------------------------------------ ------------------------------------------
**Last Updated December 5, 2018** **Last Updated January 16, 2018. Applies to Unity 2018.3 and later versions,
subject to Section 8 below.**
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 Terms
Terms of Service](https://unity3d.com/legal/terms-of-service).  By downloading, of Service](https://unity3d.com/legal/terms-of-service)**. By downloading,
installing or using the Unity Software in any manner, you represent and affirm installing or using the Unity Software in any manner, you represent and affirm
that you have read, understand and agree to be legally bound by and comply with 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
not authorized to use the Unity Software in any manner. 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 the
the defined Financial Thresholds for the tier of Unity Software you (or those defined Financial Thresholds for the tier of Unity Software you (or those
providing services to you) are using.  Tier Eligibility is measured for the most providing services to you) are using. Tier Eligibility is measured for the most
recent twelve (12) month period.  If you are mid-project, and your Total recent twelve (12) month period. If you are mid-project, and your Total Finances
Finances grow to exceed the Financial Threshold of the Unity Software tier you grow to exceed the Financial Threshold of the Unity Software tier you are using,
are using, you do not need to start from scratch - you can simply upgrade your you do not need to start from scratch - you can simply upgrade your license and
license and continue working. How we measure your Total Finances varies based on continue working. How we measure your Total Finances varies based on who you
who you are.  Financial Thresholds are shown in US currency and your Total are. Financial Thresholds are shown in US currency and your Total Finances will
Finances will be converted to US currency to determine your Tier Eligibility.  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
and/or funding (no matter what the source), or, if you are a Not-for-Profit funding (no matter what the source), or, if you are a Not-for-Profit Entity,
Entity, your budget for the entire entity (not just the department using the 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
Finances, and Finances, and**
- if you are an individual using the Unity Software, but not providing **· if you are an individual using the Unity Software, but not providing
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
example, if your day job is as a zookeeper).  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
your behalf.  You understand that it is your responsibility to maintain complete your behalf. You understand that it is your responsibility to maintain complete
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, your
your Total Finances may not exceed US \$100,000.  If your Total Finances Total Finances may not exceed US \$100,000. If your Total Finances exceed US
exceed US \$100,000 you may not use Unity Personal at all, even for internal \$100,000 you may not use Unity Personal at all, even for internal projects or
projects or prototyping.    prototyping.**
- The Financial Threshold for Unity Plus is US \$ 199,000 for the most recent **· The Financial Threshold for Unity Plus is US \$ 199,000 for the most recent
twelve (12) month period. To be Tier Eligible to use Unity Plus, your Total twelve (12) month period. To be Tier Eligible to use Unity Plus, your Total
Finances may not exceed US \$199,000.  If your Total Finances exceed Finances may not exceed US \$199,000. If your Total Finances exceed \$199,000,
\$199,000, you may only use Unity Pro. you may only use Unity Pro.**
- There is no Financial Threshold for Unity Pro. You do not need to be Tier **· 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 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
same time by one entity or individual or for or on behalf of one entity or the same time by one entity or individual or for or on behalf of one entity or
individual.  You must upgrade all licenses if your Total Finances exceed a individual. You must upgrade all licenses if your Total Finances exceed a
Financial Threshold. Unity reserves the right to disable your use of the Unity Financial Threshold. Unity reserves the right to disable your use of the Unity
Software if you attempt to use two tiers simultaneously. If you are using Unity Software if you attempt to use two tiers simultaneously. If you are using Unity
Pro and want to provide services to a customer or client who is Tier Eligible to Pro and want to provide services to a customer or client who is Tier Eligible to
use Unity Plus, contact us and we will give you an exception. use Unity Plus, contact us and we will give you an exception.**
Unity may monitor your compliance with and enforce these restrictions and **Unity may monitor your compliance with and enforce these restrictions and
requirements, including but not limited to monitoring the number of downloads of requirements, including but not limited to monitoring the number of downloads of
your Project Content, and any available revenue estimate data. 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.
------------------------------------ ------------------------------------
@ -91,38 +93,47 @@ activate 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 a
Designated User, defined below) a non-exclusive, non-transferable, royalty-free non-exclusive, non-transferable, royalty-free license: (a) to install and
license: (a) to install and execute the executable form of the Unity Software, execute the executable form of the authoring environment provided by the Unity
solely for internal use by a single person to develop your Project Content Software (the “**Unity Editor**”), solely for internal use by a single person to
during the applicable term; and (b) if you are using a version of the Unity develop your Project Content during the applicable term (this license is called
the “**Unity Editor License**”); and (b) if you are using a version of the Unity
Software other than an educational version, to distribute the runtime portion of Software other than an educational version, to distribute the runtime portion of
the Unity Software, on a royalty-free basis, solely as embedded or incorporated the Unity Software intended for distribution as an integrated part of your
into your Project Content and solely to third parties to whom you license or Project Content (the “**Unity Runtime**”), solely as embedded or incorporated
sell your Project Content pursuant to an agreement that is no less protective of into your Project Content, solely to third parties to whom you license or sell
Unity and its licensors as this Agreement. If you are acting on behalf of a your Project Content or who provide you with Third Party Services, in each case
Legal Entity, you may allow affiliated entities or third party contractors who pursuant to an agreement that is no less protective of Unity and its licensors
are testing, developing and operating your Project Content on your behalf (each, than this Agreement (the “**Unity Runtime License**”). If you are a Legal
a “Designated User”), to exercise your rights under 1.1(a) and 1.1(b) on your Entity, you may allow affiliated entities or third party contractors who are
behalf, in which case you remain responsible for such Designated Users’ testing, developing and operating your Project Content on your behalf (each, a
compliance with the terms and conditions of the Agreement or any breach thereof, “**Designated User**”), to exercise your rights under 1.1(a) (Unity Editor
including compliance with the restrictions above. Additionally, you may allow License) and 1.1(b) (Unity Runtime License) on your behalf. You may allow
distributors who are licensing or selling your Project Content pursuant to an distributors who are licensing or selling your Project Content and Third Party
agreement that is no less protective of Unity and its licensors as this Service providers providing you a Third Party Service to exercise your rights
Agreement to exercise your rights under 1.1(b) on your behalf.  You may not under 1.1(b) (Unity Runtime License) on your behalf. In all cases you remain
otherwise allow third parties to use the rights granted under clauses 1.1(a) and responsible for your distributor’s, Third Party Service provider’s and
1.1(b).  Designated Users’ compliance with the terms and conditions of the Agreement or
any breach thereof.  All use of the Unity Software, including any third party
exercise of your rights under this paragraph, is subject to this Agreement,
including any restrictions set forth below, and you may not otherwise allow
third parties to use the rights granted in this Agreement.
### 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 Editor 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
only for use by a single person. You may make a single copy of the Unity only for use by a single person. You may make a single copy of the Unity Editor
Software solely for backup or archival purposes. For the sake of clarity, you solely for backup or archival purposes. For the sake of clarity, you (or your
(or your Designated User) may only use one installation at any given time. Unity Designated User) may only use one installation at any given time. Unity may in
may in its sole discretion authorize you to install the Unity Software on its sole discretion authorize you to install the Unity Editor on additional
additional computers or operating systems upon deactivation of the Unity computers or operating systems upon deactivation of the Unity Editor installed
Software installed on existing computers. 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 a Designated User in accordance with this Section 1.2.
### 1.3 Unity Console Add-on Developer Requirements.  ### 1.3 Unity Console Add-on Developer Requirements. 
@ -165,10 +176,10 @@ 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 Editor and distribute the Unity Runtime in your Project Content is
your Project Content is limited to educational, non-commercial purposes.  Unity limited to educational, non-commercial purposes.  Unity may include a watermark
may include a watermark designating that your Project Content was created using designating that your Project Content was created using the education version of
the education version of the Unity Software.   the Unity Software.  
### 2.3 Embedded Software Restriction.  ### 2.3 Embedded Software Restriction. 
@ -181,31 +192,21 @@ 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 Working with Third Party Service Providers. 
You may not directly or indirectly distribute the Unity Software, including the Unity developers are free to use any service offered to Unity developers (each,
runtime portion of the Unity Software (the “**Unity Runtime**”), or your Project a “**Third Party Service**”). Unity does not have any obligation to provide
Content (if it incorporates the Unity Runtime) by means of streaming or support for any Third Party Service provider or Third Party Service under this
broadcasting so that any portion of the Unity Software is primarily executed on Agreement.
or simulated by the cloud or a remote server and transmitted over the Internet
or other network to end user devices without a separate license or authorization Third Party Service providers may not, without Unity’s express written
from Unity. Without limiting the foregoing, you may not use a managed service permission: (1) use a stylized version of any Unity name, trademark, logos,
running on cloud infrastructure (a “**Managed Service**”) or a specific images or product icons, or other Unity-owned graphic symbols; (2) use a product
integration of a binary add-on (for example, a plugin or SDK) or source code to name confusingly similar to a Unity product or that could be construed by Unity
be integrated in the Unity Software or Your Project Content incorporating the developers as being a Unity product or service; or (3) create or use any
Unity Runtime (an “**SDK Integration**”) to install or execute the Unity Runtime marketing materials that suggest an affiliation with, or endorsement by, Unity.
on the cloud or a remote server, unless such use of the Managed Service or SDK All use of Unity’s trademarks must comply with [Unity’s Trademark
Integration has been specifically authorized by Unity.  Additionally, you may Guidelines](https://unity3d.com/legal/branding_trademarks).
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. 
@ -250,7 +251,7 @@ your Project Content or any editor extension to the Unity Software.
### 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
Unity to: (a) check for Unity Software updates; (b) provide aggregated usage Unity to: (a) check for Unity Software updates; (b) provide aggregated usage
statistics of your use of the Unity Software and the use of your Project Content statistics of your use of the Unity Software and the use of your Project Content
by end users; (c) provide optional Developer Services; and (d) validate seats in by end users; (c) provide optional Developer Services; and (d) validate seats in
@ -319,51 +320,91 @@ 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. Modifications.
-----------------
Unity may update these Unity Software Additional 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 Unity 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., 2018.x
and 2018.y and any Long Term Supported (LTS) versions for that current-year
release) 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 Unity Software (e.g. from 2019.4 to 2020.1). 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 Unity
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.
## 9. Definitions.
--------------- ---------------
8.1 “**Financial Thresholds**” has the meaning set forth in the “Tier 9.1 “**Designated User**” has the meaning set forth in Section 1.1 (Use Rights).
9.2 “**Financial Thresholds**” has the meaning set forth in the “Tier
Eligibility” section above in these Software Terms. Eligibility” section above in these Software Terms.
8.2 “**Gambling Activities**” means any gambling product or service offered in 9.3 “**Gambling Activities**” means any gambling product or service offered in
any market or application that is regulated by any local, state or national any market or application that is regulated by any local, state or national
authority and requires a gambling license. authority and requires a gambling license.
8.3 “**Legal Entity**” means any company, corporation, limited liability 9.4 “**Legal Entity**” means any company, corporation, limited liability
company, general partnership, limited partnership, limited liability company, general partnership, limited partnership, limited liability
partnership, proprietorship, joint venture or other form of business partnership, proprietorship, joint venture or other form of business
organization, including any Not-for-Profit Entity. organization, including any Not-for-Profit Entity.
8.4 “**Not-for-Profit Entity**” means any government, non-profit, educational or 9.5 “**Not-for-Profit Entity**” means any government, non-profit, educational or
academic institution, including but not limited to any primary or secondary academic institution, including but not limited to any primary or secondary
school, vocational school, college or university. school, vocational school, college or university.
8.5 “**Project Content**” means games, applications, software or other content 9.6 “**Prior Terms**” has the meaning set forth in Section 8 (Modifications).
9.7 “**Project Content**” means games, applications, software or other content
that you develop with the Unity Software. that you develop with the Unity Software.
8.6 "**Third Party Software**" means software developed by third parties that is 9.8 “**Third Party Service**” has the meaning set forth in Section 2.4 (Working
with Third Party Service Providers).
9.9 "**Third Party Software**" means software developed by third parties that is
furnished with or as part of the Unity Software. furnished with or as part of the Unity Software.
8.7 “**Tier Eligible**” has the meaning set forth in the “Tier Eligibility” 9.10 “**Tier Eligible**” has the meaning set forth in the “Tier Eligibility”
section above in these Software Terms. section above in these Software Terms.
8.8 “**Total Finances**” has the meaning set forth in the “Tier Eligibility” 9.11 “**Total Finances**” has the meaning set forth in the “Tier Eligibility”
section above in these Software Terms. section above in these Software Terms.
8.9 “**Unity Console Add-on Developer Requirements**” means the applicable 9.12 “**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. Software that is available for free to individuals and on the Unity website. Software that is available for free to individuals and
Legal Entities who are Tier Eligible to use Unity Personal. Legal Entities who are Tier Eligible to use Unity Personal.
8.11 “**Unity Plus**” means Unity Plus Subscription, a premium version of the 9.13 “**Unity Editor**” has the meaning set forth in Section 1.1 (Use Rights).
9.14 “**Unity Editor License**” has the meaning set forth in Section 1.1 (Use
Rights).
9.15 “**Unity Plus**” means Unity Plus Subscription, a premium version of the
Unity Software available to individuals and Legal Entities who are Tier Eligible Unity Software available to individuals and Legal Entities who are Tier Eligible
to use Unity Plus. to use Unity Plus.
8.12 “**Unity Pro**” means Unity Professional Subscription, the premium version 9.16 “**Unity Pro**” means Unity Professional Subscription, the premium version
of the Unity Software available to everyone, including individuals and Legal 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 9.17 “**Unity Runtime**” has the meaning set forth in Section 1.1 (Use Rights).
9.18 “**Unity Runtime License**” has the meaning set forth in Section 1.1 (Use
Rights).
9.19 “**Unity Software**” means all versions and updates of all the downloadable
Unity Pro, Unity Plus and Unity Personal software products identified on Unity’s Unity Pro, Unity Plus and Unity Personal software products identified on Unity’s
website. website.
9.20 “**Updated Terms**” has the meaning set forth in Section 8 (Modifications).