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Unity Software Additional Terms.md

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Unity Editor Software Terms

Last Updated: April 3, 2023

What’s changed: We have posted an update to our Unity Editor Software Terms to, among other things, provide for our Industry Offering. We’ve also updated other sections, including those relating to data collection and modification of terms. For further information, please review our FAQ here. Please review the full text of the updated Editor Software Terms, as well as our Terms of Service, carefully. The prior version of the Software Terms is available here.

These terms (the “Software Terms”) govern your use of the Unity Editor, including pursuant to a Unity Plan, and supplement the Unity Terms of Service.

  1. Unity Software Tier Eligibility

The Tier Eligibility Requirements set forth below apply to your use of Unity Software

1.1 Tier Eligibility; Financial Thresholds

You and your Authorized Users, if applicable, must be Tier Eligible at all times to use any Unity Software. “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 each date you use the Unity Software for the most recent twelve (12) trailing month period. Immediately upon your Total Finances exceeding the Financial Threshold of the Unity Software tier you are using, you must upgrade your Unity Plan. You may not (i) use Unity Software tiers within different Financial Thresholds at the same time, (ii) have different Authorized Users or members of your Unity Organization use Unity Software tiers within different Financial Thresholds at the same time, and/or (iii) combine or integrate any of your Projects developed with one tier of the Unity Software with any of your Projects developed simultaneously with another tier.

Total Finances are measured as follows:

  • If you are a legal entity using the Unity Software, then your Total Finances are: (a) if you are providing services to a third party, your customers’ or clients’ gross revenues and/or funding (no matter what the source); or (b) if you are not providing services to a third party, your aggregate gross revenues and funding.
  • If you are a governmental entity, non-profit, educational or academic institution using the Unity Software, then your Total Finances are your budget for the entire entity or institution.
  • If you are an individual using the Unity Software, then your Total Finances are: (a) if you are providing service(s) to a third party, your customer’s or client’s gross revenues and/or funding (no matter what the source); or (b) if you are not providing service(s) to a third party, the amount generated in connection with your use of the Software.

Financial Thresholds:

  • 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.
  • The Financial Threshold for Unity Plus is US $200,000 for the most recent twelve (12) month period. To be Tier Eligible to use Unity Plus, your Total Finances may not exceed US $200,000. If your Total Finances exceed $200,000, you may only use Unity Pro (including pursuant to a Unity Plan that includes Unity Pro).
  • Other than for Industry Customers, there is no Financial Threshold for Unity Pro. Unity Pro may be used by anyone who is not an Industry Customer.
  • The Financial Threshold for Unity Pro for Industry Customers is US $1,000,000 for the most recent twelve (12) month period. If you are an Industry Customer, to be Tier Eligible to use Unity Pro, your Total Finances may not exceed US $1,000,000. If your Total Finances exceed $1,000,000, you may only use the Unity Industry version of the Unity Editor.

For clarity, unless otherwise set forth above, these Financial Thresholds apply whether or not you use the Unity Software as part of a Unity Plan.

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.

  1. Use Rights

The scope and limitations of your right to access and use the Unity Editor and Unity Runtime Offerings may depend on whether you are an Industry Customer and are as set forth in this Section 2. For clarity, the license grants in Sections 2.1 and 2.2 are primarily for creators creating first-party content (e.g., a game maker making their own games); if that’s not you, rather you’re a service provider, Platform, agency, reseller or otherwise, you may need a separate grant of rights from Unity and/or written authorization. Please reach out to your Unity salesperson for partnership opportunities.

2.1 Unity Editor

Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable fees, Unity grants you a non-exclusive, non-transferable right to install and execute the Unity Editor solely for internal use by the number of Authorized Users as set forth in your Offering Identification to develop your Projects during the applicable term (the “Unity Editor Rights”).

You may not distribute (within the Unity Package Manager, on Unity Forums or otherwise) User Modifications to enable access to, or optimize for, a Platform that is not a Unity Supported Platform without a separate grant of rights from Unity. You may create such User Modifications for your individual/own Project(s) for use by you and your Authorized Users.

You may not make available all or any part of the Unity Editor or its functionality, nor process data using the Unity Editor, in each case to or for End Users, other than to your Authorized Users, through any cloud, hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other technology or service or otherwise), without a separate grant of rights from Unity.

2.2 Unity Runtime

Subject to payment of applicable fees, if any, you may distribute the Unity Runtime as an integrated part of your Projects, solely as embedded or incorporated into your Projects, and solely to third parties to whom you license or sell your Projects or who provide you with services, in each case pursuant to an agreement that is no less protective of Unity and its licensors and its service providers than this Agreement.

2.2.1 Industry

Notwithstanding the foregoing, if you are an Industry Customer, subject to payment of applicable fees and Unity’s express authorization, you may distribute the Unity Runtime as an integrated part of your Projects, solely as embedded or incorporated into your Projects, and solely to third parties to whom you license or sell your Projects or who provide you with services, in each case pursuant to an agreement that is no less protective of Unity and its licensors and its service providers than this Agreement.

2.3 Unity Toolkits

If Unity provides you with a Unity Toolkit, you may access and use such Unity Toolkit exclusively for use with the Unity Software and not in a standalone capacity. If Unity provides you with the source code for a Unity Toolkit, then conditioned upon your compliance with these Unity Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, royalty-free right to use, reproduce and modify such source code for the sole purpose of developing your Project, and to publish and distribute your modifications to such source code in binary form to third parties as a component part, but not the primary functionality, of your Project. You are solely responsible for any modifications you make to a Unity Toolkit, you agree to indemnify, defend and hold Unity harmless for any claims involving such modifications, and Unity expressly disclaims any and all liability for a modified Unity Toolkit.

2.4 Build License

The following applies if you purchase Unity’s “Build License” subscription through special arrangement with Unity:

Your Build License subscription includes one (1) subscription to use Unity Pro. Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to install that copy of Unity Pro on up to ten (10) internal build machines, and you may use that copy for the sole purposes of publishing and distributing, but not creating, your Projects. Your use of Unity Pro as part of your Build License subscription is subject to all rights and restrictions set forth herein with respect to Unity Pro, unless explicitly modified by this Section.

For clarity, you must purchase a separate "Unity Build Server" subscription in order to use Unity Build Server, subject to the Unity Build Server Terms.

2.5 Unity Build Server

The following applies if you purchase, download, install or use Unity Build Server:

Conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to use Unity Build Server to manage the use of the Unity Software, installed on a specified number of concurrent Machines (as permitted by your Unity Build Server subscription), for the sole purpose of generating “builds” of your Projects.

Your Unity Build Server subscription tier (e.g., Unity Pro Build Server) must match the Unity Software subscription tier used to create your Projects (e.g., Unity Pro). You may not use Unity Build Server with the Unity Plus or Unity Personal tiers of the Unity Software.

2.6 HMI Platform Deployment

If the “HMI Platform Deployment” feature is included with your subscription, then conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a limited, non-exclusive, non-transferable, revocable right during the applicable term to integrate and embed the Unity Runtime into a number of electronic devices or systems (including, for the avoidance of doubt, vehicles and human transport systems) included in your subscription, solely in order to power, design or implement the human machine interface (HMI) of such device or system. If you are using Unity Software to power a third party’s human-machine interface, the third party must purchase the HMI Platform Deployment feature.

You will be responsible for the implementation and/or obtention of any required certifications, fail-safe mechanisms, safety testing and hardware testing related to your HMI Platform Deployment.

2.7 Unity Package Manager

As part of the Unity Software, Unity may include or make available a mechanism for installing, upgrading, configuring and removing Packages for use with the Unity Software (the “Unity Package Manager”), which may be used in accordance with the Unity Editor Rights set forth above. Additionally, conditioned upon your compliance with these Software Terms and the Terms, and payment of all applicable subscription fees, Unity grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free right to deliver or otherwise make Packages available within the Unity Editor, including via the Unity Package Manager, subject at all times to the Unity Editor Rights, and provided you comply with Unity’s Package Guiding Principles & Guidelines. You may not otherwise make Packages available within the Unity Editor.

If you do make Packages available within the Unity Editor as authorized herein, you represent and warrant that you have all necessary rights in and to any such Packages, you agree to indemnify, defend and hold Unity harmless for any claims involving such Packages, and Unity expressly disclaims any and all liability for such Packages. Without limitation of other rights that Unity has, including those set forth Terms to suspend or terminate your Unity Account, Unity will have the right in its sole discretion, and without prior notice, to disable or suspend access to a Package in order to stop or prevent a violation of this Section or the Package Guidelines.

Unity may automate delivery of certain Unity-authorized Packages within the Unity Editor. Your use of a Package may be subject to separate or additional terms and conditions and/or privacy policy, as indicated in such Package.

2.8 Concurrent use; Copies of Unity Software.

Unless we make available and you have purchased floating licenses for a Plan that includes the Unity Editor, you (and your Authorized Users) may install the Unity Editor 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 Editor solely for backup or archival purposes. For the sake of clarity, you (or your Authorized User) may only use one instance at any given time per seat. Unity may in its sole discretion authorize you to install the Unity Editor on additional computers or operating systems upon deactivation of the Unity Editor installed on existing computers. For clarity, in no event may third party service providers directly or indirectly distribute, run or use the Unity Editor so that it is executed on or simulated by the cloud or a remote server and transmitted over the Internet or other network except where they are acting on your behalf as an Authorized User in accordance with this Section.

2.9 Third Party Requirements

Unity Software natively supports multiple third party Platforms (the “Unity Supported Platforms”).

Use of Unity Software with certain third party Unity Supported Platforms may require a current Unity Pro subscription and may be subject to additional technical requirements and/or terms and conditions (collectively, the “Closed Platform Requirements”), which may be accessed here or provided directly by the third party platform providers. In addition, certain third party Unity Supported Platforms may require the use of “Preferred Platform” keys to enable use of Unity Software with that platform. Access to such Preferred Platform keys may be obtained via the platform provider or Unity, as applicable.

You acknowledge and agree that while Unity Software may support a specific Unity Supported Platform, project publishers, including publishers affiliated with such Unity Supported Platform(s), may mandate adoption of additional technical requirements or other standards, which Unity Software may not support.

Unity does not have any obligation under these Software Terms to provide support for any third party service provider or third-party services offered to Unity developers.

2.10 Bundled Offerings

Unity Software and Offerings may be bundled together, along with Unity Services, Unity Toolkits, standalone third-party software and/or the right to add on other Unity offerings. Access to such entitlements is subject to separate terms and conditions applicable to such entitlements (as stated in Unity’s Terms of Service, on Unity’s Legal Information Page, or as otherwise provided to you by Unity) and may incur additional fees as indicated on an Offering Identification.

2.11 Unity Software is a Tool

Unity Software products are tools and are intended only to assist you with your design, analysis, simulation, testing and other activities and are not a substitute for your professional judgment or your own independent design, analysis, simulation, testing or other activities. Due to the large variety of potential applications for Unity Software, they have not been designed or tested for any specific uses, and it is your responsibility to determine whether the use of Unity Software is appropriate for the purposes you pursue. Unity will not be responsible or liable in any manner whatsoever for the results obtained through use of Unity Software, including any Project, or for the operation of any mechanism or device that is used in connection with Unity Software or the Project. You are responsible for your (including your authorized users’) use of Unity Software and any results produced by Unity Software, including any Project. You are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, compliance with applicable legal requirements, and other characteristics of any Project or its operation, including, without limitation, all items designed with the assistance of Unity Software. You further acknowledge that Unity Software and your Project may not achieve the results you desire within your design, analysis, simulation, testing and other constraints

Where your use of Unity Software for Projects is related to (i) the process of creation, manufacture, distribution or operation of physical products or materials including, but not limited to, automobiles, airplanes, ships, buildings, tools or machines, or (ii) any other physical use impacting the safety or security of persons or property, the following applies: in addition to any other indemnification obligation(s) you have under the Terms, you will further indemnify, hold harmless and defend Unity from all claims, defense costs (including reasonable attorneys’ fees and expenses), agreed settlements and finally awarded judgements arising out of any violation by you (or any of your agents) of any applicable safety law, regulation or industry standard applicable, or any damage to persons or property connected with your Projects.

2.12 Proprietary Notices and Attribution

You agree to retain the copyright, trademark, and other proprietary notices and disclaimers of Unity as they appear in the Offerings or documentation. If a Project you develop using Unity Software includes credits and attributions, you must display the following notice (replacing xxxx with the current year):

“[Project name] was made with Unity®. Unity is a trademark or registered trademark of Unity Technologies”

“Copyright © 2005-xxxx Unity Technologies. All rights reserved.” No other license or right is granted under these Software Terms in the trademarks, service marks, trade names, and logos associated with Unity, Unity’s Offerings, or other intellectual property, including the Unity Software (the “Unity Trademarks”). All use of the Unity Trademarks must comply with Unity’s Trademark Guidelines.

  1. Support

You may access the online forums and the Unity Answers knowledge base through the Site. You may also email [email protected] for assistance with your seats. Technical support may be offered by Unity at its sole discretion as described on the Unity website or in any Offering Identification. 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.

  1. Definitions:

“Industry Customer” means any individual or legal entity licensing Unity Software or a Unity Plan hereunder to develop Projects for industrial use.Industry Customers may include, but are not limited to customers that develop Projects for the automotive, architecture, engineering, construction, aerospace, manufacturing, oil and gas, or retail industries.

“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.

“Machine” means a computer, or computer program, virtual computer, cloud instance or API connection that is configured to: (a) access your network in order to check Unity Build Server subscriptions out/in from a shared pool; and (b) run Unity Pro in the batch-mode that Unity Build Server unlocks and/or (c) set up the license server and auto-provision build server licenses.

“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.

“Package” means a distribution of files or resources packed together as a software collection to provide certain functionality to Unity Software users.

“Platform” means a discrete combination of: (a) operating system (specific version / fork / operating mode / build); (b) hardware (including but not limited to CPU and GPU architectures); (c) development toolchain and SDKs and variants thereof designed for the specific version of the operating system; (d) form factor, including peripheral combinations and/or variants; (e) distribution mechanism (such as stores or streaming services) and/or (f) a runtime context, including cloud environments, hosted process or service (i.e. Unity content running inside another process / application / service). Notwithstanding the foregoing, if a Platform exists solely under clause (f) above and hosts third-party content, such Platform is not a “Platform” for purposes of Section 2.1 hereof unless such Platform commercializes such third-party content, or the aggregation of such third-party content is the sole purpose of such Platform.

“System Requirements” means the technical requirements, including the listed supported hardware and software, for the Unity Software as set forth in the documentation for the Unity Software, which is regularly updated for each major release.

“Unity Editor” means the executable form of the authoring environment provided by the Unity Software.

“Unity EdLab” means the streaming version of Unity Pro applicable to educational institutions as verified by Unity’s third-party partners for educational and/or other non-commercial purposes only.

“Unity Industry” means the Unity Plan made specifically available to Industry Customers as set forth in the Offering Identification.

“Unity Personal” means the “Unity Personal” version of the Unity Software. Unity Personal is available to individuals and Legal Entities who are Tier Eligible to use Unity Personal.

“Unity Plus” means the "Unity Plus" Unity Plan, which includes a subscription to use a premium version of the Unity Software. Unity Plus is available to individuals and Legal Entities who are Tier Eligible to use Unity Plus.

“Unity Pro” means the "Unity Pro" Unity Plan, which includes a subscription to use a premium version of the Unity Software. 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.

“Unity Runtime” means the runtime portion of the Unity Software intended for distribution.

“Unity Software” means all versions and updates of all the downloadable Unity Pro, Unity Plus and Unity Personal software products identified in the relevant Offering Identification.

"Unity Student Plan" means the student version of the "Unity Pro" subscription. Students who are at least the age at which an individual can consent to the processing of their personal data (e.g., 13 in the United States, 16 in the European Union) and who are currently enrolled in an accredited educational institution, as verified by Unity or Unity's third-party partner, are eligible to use the Unity Student Plan.

“Unity Supported Platform” means any Platform listed in the “Unity Player System Requirements” section of the System Requirements. For clarity, “Unity Supported Platforms”: (i) does not include the Platforms, SDKs, APIs, etc., that are distributed separately from Unity Pro, for instance via the Unity Asset Store or by third parties, even if the underlying operating system itself is part of a Unity Supported Platform (i.e., a Unity Supported Platform is a complete Platform, as defined. Herein, not the individual components of a Platform), and (ii) does not automatically include the streaming version of an existing Unity Supported Platform.

"Unity Toolkits" means a set of prefab assets and C# scripts with a documented API that enables you to deliver extended functionality beyond that available with the Unity Software.

“User Modifications” means modifications, enhancements, tools or other additional functionality to the Unity Editor made by you.