438 lines
24 KiB
Markdown
438 lines
24 KiB
Markdown
UNITY PRO, UNITY PLUS AND UNITY PERSONAL SOFTWARE
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ADDITIONAL TERMS
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**Last Updated June 28, 2016**
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SUMMARY OF IMPORTANT USE RESTRICTIONS
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Please read all of the Software Terms set forth below
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Scope
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As part of the Services offered by Unity pursuant to the Agreement, Unity also
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provides a downloadable software component (the “**Unity Software**”), which is
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provided on a non-royalty-bearing basis. These Additional Terms govern your use
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of the Unity Software (the “**Software Terms**”). Depending on your requirements
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and circumstances, you will be permitted to use either Unity Pro, Unity Plus or
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Unity Personal.
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Primary Differences Between Unity Pro, Unity Plus and Unity Personal
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All three tiers of the Unity Software share most of the same features and
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functionality. To see the differences between each tier, please visit [Unity’s
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online
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store](https://web.archive.org/web/20160709184431/https:/store.unity.com/).
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Which Version You Can Use - Revenue Restrictions
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Unity Personal may not be used by:
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1. a Commercial Entity that has either: (a) reached annual gross revenues in
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excess of US\$100,000, or (b) raised funds (including but not limited to
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crowdfunding) in excess of US\$100,000, in each case during the most
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recently completed fiscal year;
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2. a Non-Commercial Entity (this means academic and governmental entities as
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defined below) with a total annual budget in excess of US\$100,000 (for the
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entire Non-Commercial Entity (not just a department)) for the most recently
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completed fiscal year; or
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3. an individual (not acting on behalf of a Legal Entity) or a Sole Proprietor
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that has reached annual gross revenues in excess of US\$100,000 from its use
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of the Unity Software during the most recently completed fiscal year, which
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does not include any income earned by that individual which is unrelated to
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its use of the Unity Software.
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Unity Plus is subject to payment of the applicable subscription fees, but may
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not be used by:
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1. a Commercial Entity that has either: (a) reached annual gross revenues in
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excess of US\$200,000, or (b) raised funds (including but not limited to
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crowdfunding) in excess of US\$200,000, in each case during the most
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recently completed fiscal year;
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2. a Non-Commercial Entity (this means academic and governmental entities as
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defined below) with a total annual budget in excess of US\$200,000 (for the
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entire Non-Commercial Entity (not just a department)) for the most recently
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completed fiscal year; or
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3. an individual (not acting on behalf of a Legal Entity) or a Sole Proprietor
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that has reached annual gross revenues in excess of US\$200,000 from its use
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of the Unity Software during the most recently completed fiscal year, which
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does not include any income earned by that individual which is unrelated to
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its use of the Unity Software.
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Unity Pro may be used by anyone who pays the applicable subscription fees.
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Unity may monitor your compliance with and enforce these restrictions and
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requirements including but not limited to monitoring the number of downloads of
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Your Project Content and any available revenue estimate data.
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Auto-Renewal
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At the end of the subscription term for Unity Plus or Unity Pro, your
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subscription will automatically renew on a month to month basis at the
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then-current list price, unless you renew the subscription for a new
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subscription term or terminate and cancel it. You may add new subscription
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seats while on this month-to-month plan without starting a new subscription
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term. However, if you terminate your month-to-month plan, you will have to
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commit to a new subscription term if you choose to start using Unity Plus or
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Unity Pro again.
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You May Not Use Unity Personal, Unity Plus and/or Unity Pro Simultaneously
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You may not combine or integrate Your Project Content developed with one tier of
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Unity Software (e.g., Unity Personal) simultaneously with any of Your Project
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Content that you develop with another tier (e.g., Unity Plus or Unity Pro). Your
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Project Content developed with Unity Personal and/or Unity Plus will be tagged
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with an identifier that is used to enforce this restriction.
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One User Per Seat
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A seat is required for each individual using any version of the Unity Software.
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You may install the Unity Software on both a primary and a secondary computer
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or operating system for use only by the same user. You may not use both
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installations simultaneously. If you are an educational institution and purchase
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a standard, single educational seat to use the Unity Software , you must
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purchase a seat for each computer on which the Unity Software is to be used.
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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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enablement keys for certain Unity Console Add-ons may be distributed by the
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console manufacturer.
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Streaming and Cloud Gaming Restrictions
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You may not directly or indirectly distribute Your Project Content by means of
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streaming or broadcasting where Your Project Content is primarily executed on a
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server and transmitted as a video stream or via low level graphics render
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commands over the open Internet to end user devices without a separate license
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from Unity. 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.
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Embedded Unity 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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the user interface or primary functionality of such electronic device or system
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without a separate license from Unity. This restriction does not prevent you
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from distributing Your Project Content pre-installed on personal computers and
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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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Gambling Restrictions
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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 from Unity.
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UNITY SOFTWARE TERMS
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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 incorporate the [Unity Terms of
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Service](https://web.archive.org/web/20160709184431/http:/unity3d.com:80/legal/terms-of-service).
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By downloading, installing or using the Unity Software in any manner, you
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represent and affirm that you have read, understand and agree to be legally
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bound by and comply with these Software Terms. If you do not agree with these
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Software Terms, you are not authorized to use the Unity Software in any manner.
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UNITY PERSONAL AND UNITY PLUS
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If you are accepting these Software Terms for use of Unity Personal, you
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represent and warrant that:
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1. if you are accepting the terms on behalf of a Legal Entity which is a
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Commercial Entity, both (a) its annual gross revenues do not exceed
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US\$100,000, or (b) raised funds (including but not limited to crowdfunding)
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do not exceed US\$100,000, in each case during the most recently completed
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fiscal year and in any equivalent currency;
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2. if you are accepting the terms on behalf of a Legal Entity which is a
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Non-Commercial Entity, the total annual budget does not exceed US\$100,000
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(for the entire Non-Commercial Entity (not just a department)) for the most
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recently completed fiscal year (including in any equivalent currency); and
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3. if you are an individual (not acting within a role in a Legal Entity) or if
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you are accepting the term on behalf of a Legal Entity as a Sole Proprietor,
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the annual gross revenues from your or its use of the Unity Software do not
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exceed of US\$100,000 during the most recently completed fiscal year
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(including in any equivalent currency), which does not include any income
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made which is not related to its use of the Unity Software.
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If you are accepting these Software Terms for use of Unity Plus, you agree to
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pay the applicable subscription fees and you represent and warrant that:
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1. if you are accepting the terms on behalf of a Legal Entity which is a
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Commercial Entity, both (a) its annual gross revenues do not exceed
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US\$200,000, or (b) raised funds (including but not limited to crowdfunding)
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do not exceed US\$200,000, in each case during the most recently completed
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fiscal year and in any equivalent currency;
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2. if you are accepting the terms on behalf of a Legal Entity which is a
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Non-Commercial Entity, the total annual budget does not exceed US\$200,000
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(for the entire Non-Commercial Entity (not just a department)) for the most
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recently completed fiscal year (including in any equivalent currency); and
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3. if you are an individual (not acting within a role in a Legal Entity) or if
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you are accepting the term on behalf of a Legal Entity as a Sole Proprietor,
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the annual gross revenues from your or its use of the Unity Software do not
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exceed of US\$200,000 during the most recently completed fiscal year
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(including in any equivalent currency), which does not include any income
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made which is not related to its use of the Unity Software.
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Unity Pro may be used by anyone who pays the applicable subscription fees.
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During the term of this Agreement, you expressly acknowledge and agree that if
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you are a Unity Personal or Unity Plus user and the above thresholds are
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exceeded, then you may no longer use that tier of the Unity Software, and you
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must either: (a) purchase Unity Plus (if eligible) or Unity Pro; or (b) destroy
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all copies of the Unity Software in your possession or control, and cease
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updating Your Project Content. Unity will monitor your compliance with and
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enforce these restrictions and requirements including but not limited to
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monitoring the number of downloads of Your Project Content and any available
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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. *Use Rights*. Conditioned upon your compliance with the terms and conditions
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of this Agreement and payment of all applicable subscription fees, Unity
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grants you a non-exclusive, non-transferable, royalty-free license during
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the applicable term: (a) to install and execute the executable form of the
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Unity Software, solely for internal use by a single person to develop Your
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Project Content during the applicable term; and (b) if you are using a
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version of the Unity Software other than an educational version, to
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distribute the runtime portion of the Unity Software, on a royalty-free
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basis, solely as embedded or incorporated into Your Project Content and
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solely to third parties to whom you license or sell Your Project Content
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pursuant to an agreement that is no less protective of Unity and its
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licensors as this Agreement. You may not sublicense the rights granted under
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clause 1.1(a), but you may sublicense the rights granted under 1.1(b) solely
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to third parties to whom you license or sell Your Project Content to act as
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distributors thereof pursuant to an agreement no less protective of Unity
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and its licensors as this Agreement.
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2. *Copies of Unity Products*. You may install the Unity Software on both a
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primary and a secondary computer or operating system, solely for your
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convenience, but only for use by a single person. You may make a single copy
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of the Unity Software solely for backup or archival purposes. For the sake
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of clarity, you may only use one installation at any given time. We may in
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our 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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3. *Unity Console Add-on Developer Requirements*. Use of the Unity Software
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with certain console platforms is subject to the Unity Console Add-on
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Developer Requirements as set forth on the Unity website. The license keys
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to enable certain Unity Console Add-ons may be distributed by the console
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manufacturer.
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4. *Third Party Software*. The Unity Software incorporates or is bundled with
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Third Party Software governed by separate terms, including open source
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licenses. Such Third Party Software terms are identified in the LICENSE.TXT
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file bundled with the Unity Software and incorporated into this Agreement by
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reference. You agree that you have reviewed and accepted those terms and
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that your use of the Unity Software will be deemed acceptance thereof.
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2. RESTRICTIONS.
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1. *Unity Software Tier Restrictions*. You acknowledge and agree that as an
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express condition to the rights granted under Section 1, you are not
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permitted to combine or integrate in any manner any of Your Project Content
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developed with one tier of the Unity Software (e.g., Unity Personal) with
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any of Your Project Content developed simultaneously with another tier
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(e.g., Unity Plus or Unity Pro). For the avoidance of doubt: (a) if you are
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a permitted user of Unity Personal, you may commence a project using only
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Unity Personal and subsequently upgrade all (but not less than all) of your
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seats to Unity Plus or Unity Pro, and (b) any user of the Unity Software may
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use content licensed from third parties regardless of the tier of Unity
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Software that was used to develop such third party content. You acknowledge
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and agree that Unity may tag Your Project Content created with Unity
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Personal and/or Unity Plus with an identifier to prevent such a prohibited
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combination of Your Project Content.
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2. *Educational Product Restrictions*. If you are using an educational version
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of the Unity Software, your right to use the Unity Software and distribute
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the runtime portion of the Unity Software in Your Project Content is limited
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to educational, non-commercial purposes. Unity may include a watermark
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designating that Your Project Content was created using the education
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version of the Unity Software.
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3. *Embedded Software Restriction*. You may not directly or indirectly
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distribute Your Project Content installed on more than 1,000 electronic
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devices or systems if Your Project Content provides the user interface or
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primary functionality of such electronic device or system without a separate
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license from Unity. This restriction does not prevent you from distributing
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Your Project Content pre-installed on personal computers and consumer
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electronic devices such as mobile phones, tablets, televisions or set top
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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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4. *Streaming and Cloud Gaming Restrictions*. You may not directly or
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indirectly distribute Your interactive Project Content by means of streaming
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or broadcasting Your Project Content that is primarily executed on a server
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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
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that is running on another end user device.
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5. *Gambling Restriction*. You may not distribute or publish any of Your
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Project Content in connection with any Gambling Activities without a
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separate license agreement from Unity.
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6. *General Restrictions*. Except as expressly specified in this Agreement, you
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may not: (a) copy (except in the course of loading or installing) or modify
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or create derivative works of the Unity Software; (b) distribute, transfer,
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sublicense, lease, lend, rent or otherwise provide access to the Unity
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Software to any third party; (c) directly or indirectly make the
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functionality of the Unity Software available to multiple users or third
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parties through any means, including but not limited to by uploading the
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Unity Software to a network or file-sharing service or through any hosting,
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application services provider, service bureau, software-as-a-service (SaaS)
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or any other technology or service; (d) use the Unity Software for
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competitive analysis or to develop a competing product or service; or (e) do
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anything that could cause or result in the Unity Software (including the
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runtime portion thereof) being subject to any open source license (or
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similar license) that requires as a condition of use, modification or
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distribution that the Unity Software (including the runtime portion thereof)
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or other software combined or distributed with the Unity Software be: (i)
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disclosed or distributed in source code form; (ii) licensed for the purpose
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of making derivative works; or (iii) redistributable at no charge. You
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acknowledge and agree that portions of the Unity Software, including but not
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limited to the source code and the specific design and structure of
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individual modules or programs, are confidential and constitute or contain
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trade secrets of Unity and its licensors. Accordingly, you agree not to
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disassemble, decompile or reverse engineer the Unity Software, in whole or
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in part, or permit or authorize a third party to do so, except to the extent
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such activities are expressly permitted by this Agreement or by law
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notwithstanding this prohibition. Notwithstanding the restriction
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prohibiting decompiling in the immediately preceding sentence, you may
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decompile the Unity Common Language Infrastructure (CLI) assemblies solely
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to inspect their functionality for purposes of understanding or improving
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performance of Your Project Content or any editor extension to the Unity
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Software.
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3. CONSENT TO DATA COLLECTION; PRIVACY POLICY OBLIGATIONS.
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1. You acknowledge and accept [Unity's privacy
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policy.](https://web.archive.org/web/20160709184431/http:/unity3d.com:80/legal/privacy-policy) You
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agree that the Unity Software (including the Unity runtime in Your Project
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Content) may send data to Unity to: (a) check for Unity Software updates;
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(b) provide aggregated usage statistics of your use of the Unity Software
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and the use of Your Project Content by end users; (c) provide optional
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Developer Services; and (d) validate seats in order to prevent unauthorized
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use. You acknowledge and agree that Unity may deliver messages and contact
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you about the Unity Software and other Unity product and service offerings.
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2. You agree to distribute Your Project Content with a privacy policy
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explaining the data you collect through Your Project Content and how you
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collect, use, share, and protect it; and to include a disclosure that Unity
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is your service provider and collects certain data from Your Project
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Content, along with a link to [Unity's privacy
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policy](https://web.archive.org/web/20160709184431/http:/unity3d.com:80/legal/privacy-policy),
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which may be updated from time to time.
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4. SUPPORT.
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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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seats. Technical support may be offered by Unity at its sole discretion as
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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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Subscription based seats for Unity Pro and Unity Plus will remain in effect for
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the initial subscription period, and thereafter such seat will automatically
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renew on a month to month basis at the then-current list price, unless you renew
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the subscription for a new subscription term or terminate and cancel it as
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described on the Site. Paid in full, perpetual seats will remain in effect
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unless earlier terminated in accordance with the Agreement. Upon termination,
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you must at Unity’s option either promptly delete and destroy or return to Unity
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all copies of the Unity Software in your possession or control.
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6. U.S. GOVERNMENT RIGHTS.
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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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(“FAR”) 2.101, consisting of “commercial computer software” and “commercial
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computer software documentation,” respectively, as such terms are used in FAR
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12.212 and DFARS 227.7202.If acquired by or on behalf of a civilian agency, the
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U.S. Government acquires or will acquire the Unity Software and/or Documentation
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and other technical data subject to the terms of this Agreement as required in
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48 C.F.R. 12.212 (Computer Unity Software) and 12.211 (Technical Data) of the
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FAR and its successors. If acquired by or on behalf of any agency within the
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Department of Defense (“DOD”), the U.S. Government acquires or will acquire the
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Unity Software and/or Documentation subject to the terms of this Agreement as
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specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFARS”) and its
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successors. This U.S. Government Rights clause is in lieu of, and supersedes,
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any other FAR, DFARS, or other clause or provision that addresses Government
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rights in computer software or technical data.
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7. EXPORT LAW.
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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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1. “**Commercial Entity**” means any company, corporation, limited liability
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company, general partnership, limited partnership, limited liability
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partnership, proprietorship, joint venture or other form of business
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organization, excluding any government, non-profit, educational or academic
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institution.
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2. “**Gambling Activities**” means any gambling product or service offered in
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any market or application that is regulated by any local, state or national
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authority and requires a gambling license.
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3. “**Legal Entity**” means any Commercial Entity, Non-Commercial Entity or
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Sole Proprietor.
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4. “**Non-Commercial Entity**” means any government, non-profit, educational or
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academic institution, including but not limited to any primary or secondary
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school, vocational school, college or university.
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5. “**Sole Proprietor**” means any Commercial Entity that is owned or
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controlled by a single individual, with no other partners or employees.
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6. "**Third Party Software**" means software developed by third parties that is
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furnished with or as part of the Unity Software.
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7. “**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
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a registered developer with the applicable console platform as set forth or
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linked on the Unity website.
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8. “**Unity Personal**” means Unity Personal Edition, the version of the Unity
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Software that is available for free to Sole Proprietors and Commercial
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Entities with annual gross revenues (based on prior fiscal year) of less
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than US\$100,000, and Non-Commercial Entities with a total annual budget
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(based on prior fiscal year) for the legal entire entity (not department) of
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less than US\$100,000.
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9. “**Unity Plus**” means Unity Plus Edition, a premium version of the Unity
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Software available to Sole Proprietors and Commercial Entities with annual
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gross revenues (based on prior fiscal year) of less than US\$200,000, and
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Non-Commercial Entities with a total annual budget (based on prior fiscal
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year) for the legal entire entity (not department) of less than \$200,000.
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10. “**Unity Pro**” means Unity Professional Edition, the premium version of the
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Unity Software available to commercial entities not eligible to use Unity
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Personal.
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11. “**Unity Software**” means all 5.x versions and updates of all the Unity
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software products identified on Unity’s website.
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12. “**Your Project Content**” means games, applications, software or other
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content that you develop with the Unity Software.
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