diff --git a/README.md b/README.md index 0534c3b..fb0c2bc 100644 --- a/README.md +++ b/README.md @@ -6,5 +6,6 @@ From time to time, Unity may update these software terms and other legal terms, ## Revisions ### Unity Software Additional Terms -* [November 04, 2016 - Current](Unity%20Software%20Additional%20Terms.md) +* [February 21, 2018 - Current](Unity%20Software%20Additional%20Terms.md) +* [November 04, 2016](../45e7734/Unity%20Software%20Additional%20Terms.md) * [June 28, 2016](../5a5b11e/Unity%20Software%20Additional%20Terms.md) \ No newline at end of file diff --git a/Unity Software Additional Terms.md b/Unity Software Additional Terms.md index 4cb19cb..8ff346c 100644 --- a/Unity Software Additional Terms.md +++ b/Unity Software Additional Terms.md @@ -1,219 +1,251 @@ Unity Pro, Unity Plus and Unity Personal Software Additional Terms -**Last Updated November 4, 2016** - - -**Unity Software Terms** +**Last Updated February 21, 2018** Your use of the Unity Software is subject to these Additional Terms (the -“**Software Terms**”), which supplement and incorporate the [Unity Terms of -Service](https://unity3d.com/legal/terms-of-service).  By downloading, +“**Software Terms**”), which supplement and are incorporated into the [Unity +Terms of Service](https://unity3d.com/legal/terms-of-service).  By downloading, 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 these Software Terms.  If you do not agree with these Software Terms, you are not authorized to use the Unity Software in any manner. - -**Unity Personal and Unity Plus** +**Tier Eligibility** -If you are accepting these Software Terms for use of Unity Personal, you -represent and warrant that: +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 +the 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 +recent twelve (12) month period.  If you are mid-project, and your Total +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 +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 +Finances will be converted to US currency to determine your Tier Eligibility. -1. if you are accepting the terms on behalf of a Legal Entity which is a - Commercial Entity, both (a) its annual gross revenues do not exceed - US\$100,000, or (b) raised funds (including but not limited to crowdfunding) - do not exceed US\$100,000, in each case during the most recently completed - fiscal year and in any equivalent currency; +**Total Finances are measured like this:** -2. if you are accepting the terms on behalf of a Legal Entity which is a - Non-Commercial Entity, the total annual budget does not exceed US\$100,000 - (for the entire Non-Commercial Entity (not just a department)) for the most - recently completed fiscal year (including in any equivalent currency); and +- 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 + 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 + Software), -3. if you are an individual (not acting within a role in a Legal Entity) or if - you are accepting the term on behalf of a Legal Entity as a Sole Proprietor, - the annual gross revenues from your or its use of the Unity Software do not - exceed of US\$100,000 during the most recently completed fiscal year - (including in any equivalent currency), which does not include any income - made which is not related to its use of the Unity Software. +- 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 + Finances, and -If you are accepting these Software Terms for use of Unity Plus, you agree to -pay the applicable subscription fees and you represent and warrant that: +- 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 + connection with your use of the Unity Software. In this case, your Total + Finances would not include amounts you generate from other work (for + example, if your day job is as a zookeeper). -1. if you are accepting the terms on behalf of a Legal Entity which is a - Commercial Entity, both (a) its annual gross revenues do not exceed - US\$200,000, or (b) raised funds (including but not limited to crowdfunding) - do not exceed US\$200,000, in each case during the most recently completed - fiscal year and in any equivalent currency; +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. if you are accepting the terms on behalf of a Legal Entity which is a - Non-Commercial Entity, the total annual budget does not exceed US\$200,000 - (for the entire Non-Commercial Entity (not just a department)) for the most - recently completed fiscal year (including in any equivalent currency); and +**Financial Thresholds for Unity Personal, Unity Plus and Unity Pro:** -3. if you are an individual (not acting within a role in a Legal Entity) or if - you are accepting the term on behalf of a Legal Entity as a Sole Proprietor, - the annual gross revenues from your or its use of the Unity Software do not - exceed of US\$200,000 during the most recently completed fiscal year - (including in any equivalent currency), which does not include any income - made which is not related to its use of the Unity Software. +- 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.    -Unity Pro may be used by anyone who pays the applicable subscription fees. +- 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 + Finances may not exceed US \$199,000.  If your Total Finances exceed + \$199,000, you may only use Unity Pro. -During the term of this Agreement, you expressly acknowledge and agree that if -you are a Unity Personal or Unity Plus user and the above thresholds are -exceeded, then you may no longer use that tier of the Unity Software, and you -must either: (a) purchase Unity Plus (if eligible) or Unity Pro; or (b) destroy -all copies of the Unity Software in your possession or control, and cease -updating Your Project Content. Unity will monitor your compliance with and -enforce these restrictions and requirements including but not limited to -monitoring the number of downloads of Your Project Content and any available -revenue estimate data. +- 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 + applicable subscription fees. + +**No Mixing or Co-mingling:** + +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 +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 +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 +use Unity Plus, contact us and we will give you an exception. + +Unity may monitor your compliance with and enforce these restrictions and +requirements, including but not limited to monitoring the number of downloads of +your Project Content, and any available revenue estimate data. Unity Personal users may be required to complete a user survey in order to activate the Unity Software. **1. Rights to use the Unity Software.** -1. *Use Rights*. Conditioned upon your compliance with the terms and conditions - of this Agreement and payment of all applicable subscription fees, Unity - grants you a non-exclusive, non-transferable, royalty-free license: (a) to - install and execute the executable form of the Unity Software, solely for - internal use by a single person to develop Your Project Content during the - applicable term; and (b) if you are using a version of the Unity 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 - into Your Project Content and solely to third parties to whom you license or - sell Your Project Content pursuant to an agreement that is no less - protective of Unity and its licensors as this Agreement. You may not - sublicense the rights granted under clause 1.1(a), but you may sublicense - the rights granted under 1.1(b) solely to third parties to whom you license - or sell Your Project Content to act as distributors thereof pursuant to an - agreement no less protective of Unity and its licensors as this Agreement. +**1.1 Use Rights.** -2. *Copies of Unity Products*. You may install the Unity Software 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 Software solely for backup or archival purposes. For the sake - of clarity, you may only use one installation at any given time. We may in - our sole discretion authorize you to install the Unity Software on - additional computers or operating systems upon deactivation of the Unity - Software installed on existing computers. +Conditioned upon your compliance with the terms and conditions of this Agreement +and payment of all applicable subscription fees, Unity grants you (or your +Designated User, defined below) a non-exclusive, non-transferable, royalty-free +license: (a) to install and execute the executable form of the Unity Software, +solely for internal use by a single person to develop your Project Content +during the applicable term; and (b) if you are using a version of the Unity +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 +into your Project Content and solely to third parties to whom you license or +sell your Project Content pursuant to an agreement that is no less protective of +Unity and its licensors as this Agreement. If you are acting on behalf of a +Legal Entity, you may allow affiliated entities or third party contractors who +are testing, developing and operating your Project Content on your behalf (each, +a “Designated User”), to exercise your rights under 1.1(a) and 1.1(b) on your +behalf, in which case you remain responsible for such Designated Users’ +compliance with the terms and conditions of the Agreement or any breach thereof, +including compliance with the restrictions above. Additionally, you may allow +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 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 +1.1(b). -3. *Unity Console Add-on Developer Requirements*. 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 license keys - to enable certain Unity Console Add-ons may be distributed by the console - manufacturer. +**1.2 Copies of Unity Products.** -4. *Third Party Software*. The Unity Software incorporates or is bundled with - Third Party Software governed by separate terms, including open source - licenses. Such Third Party Software terms are identified in the LICENSE.TXT - file bundled with the Unity Software and 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 acceptance thereof. +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 +only for use by a single person. You may make a single copy of the Unity +Software solely for backup or archival purposes. For the sake of clarity, you +(or your Designated User) may only use one installation at any given time. Unity +may in its sole discretion authorize you to install the Unity Software on +additional computers or operating systems upon deactivation of the Unity +Software installed on existing computers. + +**1.3 Unity Console Add-on Developer Requirements.** + +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 +license keys to enable certain Unity Software console add-ons may be distributed +by the console manufacturer. + +**1.4 Third Party Software.** + +The Unity Software incorporates or is bundled with Third Party Software governed +by separate terms, including open source licenses. Such Third Party Software +terms are identified in the LEGAL.TXT file bundled with the Unity Software and +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 +acceptance thereof. - **2. Restrictions.** -1. *Unity Software Tier Restrictions*. You acknowledge and agree that as an - express condition to the rights granted under Section 1, you are not - permitted to combine or integrate in any manner any of Your Project Content - developed with one tier of the Unity Software (e.g., Unity Personal) with - any of Your Project Content developed simultaneously with another tier - (e.g., Unity Plus or Unity Pro). For the avoidance of doubt: (a) if you are - a permitted user of Unity Personal, you may commence a project using only - Unity Personal and subsequently upgrade all (but not less than all) of your - seats to Unity Plus or Unity Pro, and (b) any user of the Unity Software may - use content licensed from third parties regardless of the tier of Unity - Software that was used to develop such third party content. You acknowledge - and agree that Unity may tag Your Project Content created with Unity - Personal and/or Unity Plus with an identifier to prevent such a prohibited - combination of Your Project Content. +**2.1 Unity Software Tier Restrictions.** -2. *Educational Product Restrictions*. 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 Your Project Content is limited - to educational, non-commercial purposes.  Unity may include a watermark - designating that Your Project Content was created using the education - version of the Unity Software.   +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 +order to provide services to you): (i) may only use one (1) Unity Software tier +at a time (e.g., if you purchase a subscription to use Unity Pro, then you and +those working on your behalf may only use Unity Pro licenses on your behalf); +and (ii) are not permitted to combine or integrate any of your Project Content +developed with one tier of the Unity Software with any of your Project Content +developed simultaneously with another tier.  For the avoidance of doubt: (a) if +you are Tier Eligible to use Unity Personal, you may commence a project using +only Unity Personal and subsequently upgrade all (but not less than all) of your +seats to Unity Plus (if you are Tier Eligible to do so) or Unity Pro; and (b) +any user of the Unity Software may use content properly acquired from the Unity +Asset Store regardless of the tier of Unity Software that was used to develop +such Asset Store content.  You acknowledge and agree that Unity may tag your +Project Content with an identifier to prevent any such unauthorized combination +of your Project Content. -3. *Embedded Software Restriction*. 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 the user interface or - primary functionality of such electronic device or system without a separate - license from Unity. This restriction does not prevent you from distributing - Your Project Content pre-installed on personal computers and 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 - primary functionality of such device. +**2.2 Educational Product Restrictions.** -4. *Streaming and Cloud Gaming Restrictions*. You may not directly or - indirectly distribute Your interactive Project Content by means of streaming - or broadcasting Your Project Content that is primarily executed on a server - and transmitted over the Internet or other network to end user devices - without a separate license from Unity. 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. +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 +your Project Content is limited to educational, non-commercial purposes.  Unity +may include a watermark designating that your Project Content was created using +the education version of the Unity Software.   -5. *Gambling Restriction*. You may not distribute or publish any of Your - Project Content in connection with any Gambling Activities without a - separate license agreement from Unity. +**2.3 Embedded Software Restriction.** -6. *General Restrictions*. 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 the Unity Software; (b) distribute, transfer, - sublicense, lease, lend, rent or otherwise provide access to the Unity - Software to any third party; (c) directly or indirectly make the - functionality of the Unity Software available to multiple users or third - parties through any means, including but not limited to by uploading the - Unity Software to a network or file-sharing service or through any hosting, - application services provider, service bureau, software-as-a-service (SaaS) - or any other technology or service; (d) use the Unity Software for - competitive analysis or to develop a competing product or service; or (e) do - anything that could cause or result in the Unity Software (including the - runtime portion thereof) being subject to any open source license (or - similar license) that requires as a condition of use, modification or - distribution that the Unity Software (including the runtime portion thereof) - or other software combined or distributed with the Unity Software be: (i) - disclosed or distributed in source code form; (ii) licensed for the purpose - of making derivative works; or (iii) redistributable at no charge. You - acknowledge and agree that portions of the Unity Software, including but not - limited to the source code and the specific design and structure of - individual modules or programs, are confidential and constitute or contain - trade secrets of Unity and its licensors. Accordingly, you agree not to - disassemble, decompile or reverse engineer the Unity Software, in whole or - in part, or permit or authorize a third party to do so, except to the extent - such activities are expressly permitted by this Agreement or by law - notwithstanding this prohibition. Notwithstanding the restriction - prohibiting decompiling in the immediately preceding sentence, you may - decompile the Unity Common Language Infrastructure (CLI) assemblies solely - to inspect their functionality for purposes of understanding or improving - performance of Your Project Content or any editor extension to the Unity - Software. +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 +the user interface or primary functionality of such electronic device or system +without a separate license from Unity. This restriction does not prevent you +from distributing your Project Content pre-installed on personal computers and +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 +primary functionality of such device. + +**2.4 Streaming and Cloud Gaming Restrictions.** + +You may not directly or indirectly distribute the Unity Software, including the +runtime portion of the Unity Software, or your Project Content (if it +incorporates the runtime portion) by means of streaming or broadcasting so that +any portion of the Unity Software is primarily executed on or simulated by a +server and transmitted over the Internet or other network to end user devices +without a separate license from Unity. 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.** + +You may not distribute or publish any of your Project Content in connection with +any Gambling Activities without a separate license agreement from Unity. + +**2.6 General Restrictions.** + +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 +the Unity Software; (b) distribute, transfer, sublicense, lease, lend, rent or +otherwise provide access to the Unity Software to any third party; (c) directly +or indirectly make the functionality of the Unity Software available to multiple +users or third parties through any means, including but not limited to by +uploading the Unity Software to a network or file-sharing service or through any +hosting, application services provider, service bureau, software-as-a-service +(SaaS) or any other technology or service; (d) use the Unity Software for +competitive analysis or to develop a competing product or service; or (e) do +anything that could cause or result in the Unity Software (including the runtime +portion thereof) being subject to any open source license (or similar license) +that requires as a condition of use, modification or distribution that the Unity +Software (including the runtime portion thereof) or other software combined or +distributed with the Unity Software be: (i) disclosed or distributed in source +code form; (ii) licensed for the purpose of making derivative works; or (iii) +redistributable at no charge. You acknowledge and agree that portions of the +Unity Software, including but not limited to the source code and the specific +design and structure of individual modules or programs, are confidential and +constitute or contain trade secrets of Unity and its licensors. Accordingly, you +agree not to disassemble, decompile, modify or reverse engineer the Unity +Software, in whole or in part, or permit or authorize a third party to do so, +except to the extent such activities are expressly permitted by this Agreement +or by law notwithstanding this prohibition. Notwithstanding the restriction +prohibiting decompiling in the immediately preceding sentence, you may decompile +the Unity Common Language Infrastructure (CLI) assemblies solely to inspect +their functionality for purposes of understanding or improving performance of +your Project Content or any editor extension to the Unity Software. - **3. Consent to Data Collection; Privacy Policy Obligations.** -1. You acknowledge and accept [Unity's privacy - policy.](https://unity3d.com/legal/privacy-policy) You agree that the Unity - 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 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 order to prevent unauthorized use. You acknowledge and - agree that Unity may deliver messages and contact you about the Unity - Software and other Unity product and service offerings. +**3.1 Data Collection** -2. You agree to distribute Your Project Content with a privacy policy - explaining the data you collect through Your Project Content and how you - collect, use, share, and protect it; and to include a disclosure that Unity - is your service provider and collects certain data from Your Project - Content, along with a link to [Unity's privacy - policy](https://unity3d.com/legal/privacy-policy), which may be updated from - time to time. +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 +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 +by end users; (c) provide optional Developer Services; and (d) validate seats in +order to prevent unauthorized use. You acknowledge and agree that Unity may +deliver messages and contact you about the Unity Software and other Unity +product and service offerings. + +**3.2 Obligations** + +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](https://unity3d.com/legal/privacy-policy), which may be updated from +time to time. - **4. Support.** You may access the online forums and the Unity Answers knowledge base through @@ -233,11 +265,7 @@ subscription term or terminate and cancel it as described on the Site. For clarity, subscription based seats for Unity Pro and Unity Plus are not cancelable during the applicable subscription term and are non-refundable. Upon termination, you must at Unity’s option either promptly delete and destroy or -return to Unity all copies of the Unity Software in your possession or control; -however, if you have subscribed to use a seat of the Unity Software for the -prior twenty-four (24) consecutive months, you may continue to use the -then-current version of the Unity Software for that seat after the subscription -term. +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 accordance with the Agreement. @@ -246,21 +274,20 @@ accordance with the Agreement. The Unity Software and computer software documentation (“**Documentation**”) are “commercial items” as that term is defined in the Federal Acquisition Regulation -(“FAR”) 2.101, consisting of “commercial computer software” and “commercial +(“**FAR**”) 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR -12.212 and DFARS 227.7202.If acquired by or on behalf of a civilian agency, the +12.212 and DFARS 227.7202. If acquired by or on behalf of a civilian agency, the U.S. Government acquires or will acquire the Unity Software and/or Documentation and other technical data subject to the terms of this Agreement as required in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the FAR and its successors. If acquired by or on behalf of any agency within the Department -of Defense (“DOD”), the U.S. Government acquires or will acquire the Unity +of Defense (**“DOD**”), the U.S. Government acquires or will acquire the Unity Software and/or Documentation subject to the terms of this Agreement as -specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and 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 Government -rights in computer software or technical data. +specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“**DFARS**”) and +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 +Government rights in computer software or technical data. - **7. Export Law.** You agree to comply fully with all export laws and regulations to ensure that @@ -270,53 +297,51 @@ of, or used for any purposes prohibited by, such laws and regulations. **8. Definitions.** -1. “**Commercial Entity**” means any company, corporation, limited liability - company, general partnership, limited partnership, limited liability - partnership, proprietorship, joint venture or other form of business - organization, excluding any government, non-profit, educational or academic - institution. +8.1 “**Financial Thresholds**” has the meaning set forth in the “Tier +Eligibility” section above in these Software Terms. -2. “**Gambling Activities**” means any gambling product or service offered in - any market or application that is regulated by any local, state or national - authority and requires a gambling license. +8.2 “**Gambling Activities**” means any gambling product or service offered in +any market or application that is regulated by any local, state or national +authority and requires a gambling license. -3. “**Legal Entity**” means any Commercial Entity, Non-Commercial Entity or - Sole Proprietor. +8.3 “**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. -4. “**Non-Commercial 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. +8.4 “**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. -5. “**Sole Proprietor**” means any Commercial Entity that is owned or - controlled by a single individual, with no other partners or employees. +8.5 “**Project Content**” means games, applications, software or other content +that you develop with the Unity Software. -6. "**Third Party Software**" means software developed by third parties that is - furnished with or as part of the Unity Software. +8.6 "**Third Party Software**" means software developed by third parties that is +furnished with or as part of the Unity Software. -7. “**Unity Console Add-on Developer Requirements**” means the applicable - 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 on the Unity website. +8.7 “**Tier Eligible**” has the meaning set forth in the “Tier Eligibility” +section above in these Software Terms. -8. “**Unity Personal**” means Unity Personal Edition, the version of the Unity - Software that is available for free to Sole Proprietors and Commercial - Entities with annual gross revenues (based on prior fiscal year) of less - than US\$100,000, and Non-Commercial Entities with a total annual budget - (based on prior fiscal year) for the legal entire entity (not department) of - less than US\$100,000. +8.8 “**Total Finances**” has the meaning set forth in the “Tier Eligibility” +section above in these Software Terms. -9. “**Unity Plus**” means Unity Plus Edition, a premium version of the Unity - Software available to Sole Proprietors and Commercial Entities with annual - gross revenues (based on prior fiscal year) of less than US\$200,000, and - Non-Commercial Entities with a total annual budget (based on prior fiscal - year) for the legal entire entity (not department) of less than \$200,000. +8.9 “**Unity Console Add-on Developer Requirements**” means the applicable +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 +on the Unity website. -10. “**Unity Pro**” means Unity Professional Edition, the premium version of the - Unity Software available to commercial entities not eligible to use Unity - Personal. +8.10 “**Unity Personal**” means Unity Personal Edition, the tier of Unity +Software that is available for free to individuals and Legal Entities who are +Tier Eligible to use Unity Personal. -11. “**Unity Software**” means all 5.x versions and updates of all the Unity - software products identified on Unity’s website. +8.11 “**Unity Plus**” means Unity Plus Edition, a premium version of the Unity +Software available to individuals and Legal Entities who are Tier Eligible to +use Unity Plus. -12. “**Your Project Content**” means games, applications, software or other - content that you develop with the Unity Software. +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. + +8.13 “**Unity Software**” means all versions and updates of all the downloadable +Unity Pro, Unity Plus and Unity Personal software products identified on Unity’s +website.