Unity-TermsOfService/Unity Software Additional Terms.md

Unity Pro, Unity Plus and Unity Personal Software Additional Terms

**Last Updated November 4, 2016**

  
**Unity Software Terms**

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,
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**

If you are accepting these Software Terms for use of Unity Personal, you
represent and warrant that:

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;

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

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 accepting these Software Terms for use of Unity Plus, you agree to
pay the applicable subscription fees and you represent and warrant that:

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;

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

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.

Unity Pro may be used by anyone who pays the applicable subscription fees.

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.

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.

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.

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.

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.

  
**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.  *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.  

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.

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.

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.

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.

  
**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.

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.

  
**4. Support.**

You may access the online forums and the Unity Answers knowledge base through
the Site. You may also email support\@unity3d.com for assistance with your
seats. Technical support may be offered by Unity at its sole discretion as
described on the Unity website. You acknowledge and agree that Unity has no
obligation under this Agreement to provide patches, updates, new releases or new
versions of the Unity Software.

**5. Term.**

Subscription based seats for Unity Pro and Unity Plus will remain in effect for
the initial subscription period (which has a minimum commitment of 12 months),
and thereafter such seat will automatically renew on a month-to-month basis at
the then-current list price, unless you renew the subscription for a new
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.

Paid in full, perpetual seats will remain in effect unless earlier terminated in
accordance with the Agreement.

**6. U.S. Government Rights.**

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
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
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
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.

  
**7. Export Law.**

You agree to comply fully with all export laws and regulations to ensure that
neither the Unity Software nor any technical data related thereto nor any direct
product thereof are exported or re-exported directly or indirectly in violation
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.

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.

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.

5.  “**Sole Proprietor**” means any Commercial Entity that is owned or
    controlled by a single individual, with no other partners or employees.

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.  “**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.

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.

10. “**Unity Pro**” means Unity Professional Edition, the premium version of the
    Unity Software available to commercial entities not 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.

12. “**Your Project Content**” means games, applications, software or other
    content that you develop with the Unity Software.