Unity Learning Partner Instructor-Led Training Additional Terms
Last Updated July 1, 2020
These Unity Learning Partner Instructor-Led Training Additional Terms (“Training Terms”), which supplement and are incorporated into the Unity Terms of Service, govern your participation in Unity’s instructor-led training classes (“Training”), learning sessions, or workshops provided in-person or virtually by Unity’s Learning Partners (collectively, “Training”) as well as your use of related Training Materials. For training classes or workshops that are provided directly by Unity, please refer to the Unity Workshop Additional Terms.
By participating in any Training, or accessing or using associated Training Materials, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Training Terms. If you do not agree with these Training Terms, you may not participate in any Training or use the Training Materials in any manner.
1. Participation in Instructor-Led Training
1.1. Training classes may be delivered on one or multiple dates and times. Any Training prerequisites, together with dates and timing of Trainings (including any multi-session details), will be published by Unity or the Learning Partners on their website(s).
1.2. To participate in a Training, you represent and warrant that: (a) you are an individual of at least 16 years of age; (b) if you are between the ages of 16 and the age of legal majority where you access the Training Materials, your parent or legal guardian has reviewed and agreed to these Training Terms; (c) you are not a citizen or resident of a country subject to any United States embargo; and (d) you are not otherwise prevented from participating in a Training under applicable law.
1.3. You may discontinue participation in a Training at any time, subject to your obligations in respect of the Training Materials as set out in Section 8.
2. Your Obligations
2.1. You agree that you will not engage in any misconduct in connection with a Training, including receiving or providing unauthorized assistance, submitting work that is not your own, or possessing or using unauthorized materials. Further, you will not make any form of false representation concerning your identity or misuse any testing identification number, username, or other credentials that have been provided to you.
2.2. You agree to fully abide by all instructions, guidelines and procedures associated with the Training that Unity or any Learning Partner provides to you. These instructions, guidelines and procedures may be presented to you via publication on a website to which you are directed during your participation in the Training or through other written communication (including email) delivered to the address you provide to Unity or a Learning Partner.
2.3. You agree that you will not, directly yourself or indirectly through any other party, without prior written consent of Unity: (a) copy, modify or create derivative works of all or any portion of the Training Materials; (b) license, distribute, transfer or otherwise provide access to any of the Training Materials to any third party; (c) disassemble, decompile or reverse engineer the Training Materials; (d) make the Training Materials available to multiple users (e) use the Training Materials for competitive analysis or to develop a competing product or service; (f) delete or alter any proprietary rights notices or markings appearing in any Training Materials, or (g) otherwise make use of the Training Materials, except for the purposes identified in these Training Terms. Unless AND UNTIL you have received prior written consent of Unity and the Learning Partner, if applicable, you are restricted from using any Training Materials, whether in their original form or a modified state, in the production of any commercial content or for any commercial purposes whatsoever. This Section 2.3 supersedes any other contrary terms presented by Unity or a Learning Partner.
2.4. You understand and agree that (a) you are not an agent of Unity or its licensors, and will not hold yourself out as such; and (b) you are not permitted to make, and will not make, any representations, warranties or guarantees to third parties with respect to Unity or its Learning Partners.
3. Intellectual Property Rights
3.1. Subject to these Training Terms, Unity grants you a non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to use Training Materials during the Training.
3.2. The foregoing license does not permit you to download, install or copy any Training Materials, except as expressly directed by Unity and necessary for the purposes of the relevant Training.
4. Reservations & Limitations
4.1. Training Materials are protected by copyright law and international treaties and are licensed, not sold, hereunder. Unity and its Learning Partners retain ownership of all Training Materials, including all intellectual property rights therein.
4.2. Unity reserves the right to make changes to and/or discontinue or terminate any Training or related Training Materials at any time without prior notice and at its sole discretion.
4.3. Unity reserves the right, at our discretion, to terminate your access to Training Materials, without refund or reimbursement, and require you to cease using and permanently destroy all Training Materials (including copies thereof) in your possession, in the event that Unity believes you to be in breach of these Training Terms.
4.4. Your use of the Training in no way provides or implies any guarantee from Unity of the quality of any work you may perform, nor is Unity liable in any way for any deficiencies in said work.
4.5. Unity reserves all rights not expressly granted to you in these Training Terms.
5. Rescheduling and Refund Requests
The following terms in this Section 5 only apply to Training(s) purchased directly from Unity, to be provided by Learning Partners. For avoidance of doubt, this Section 5 does not apply to any Training purchased from a Learning Partner; please refer to such Learning Partner’s terms for any rescheduling and refund details. Where Training has been purchased on your behalf under a Unity enterprise customer account, additional or differing terms may apply.
5.1 In the event that you are unable to attend a Training you purchased from Unity, you may apply to Unity for a refund of the purchase price of that Training. All refund applications must be received by Unity, including any documentation that is required of you to support your claim. You may request a refund at any time up to seven (7) calendar days before the date on which the initial session of your purchased Training is scheduled to take place. Unity will not issue partial refunds for any reason. To understand what documentation may be required to support a refund claim, you may contact Unity Customer Service.
5.2 In the event that the Learning Partner is prevented from providing a Training (including any individual scheduled session) at the scheduled date(s) and time(s) for any reason, we will do our utmost to contact you prior thereto to offer you alternative arrangements. If we are unable to reschedule a Training you have purchased or you are unable to attend a rescheduled Training, Unity will offer a refund.
6. Costs and Expenses
6.1 You will be responsible for your own costs and expenses in connection with taking or participating in any Training, and no reimbursements or refunds will be offered or available for any costs or expenses incurred by you, including your purchase of any Unity software which is prerequisite to the Training.
7. Release and Indemnity
7.1 Except as expressly otherwise provided in these Training Terms, you agree to release, indemnify, defend and hold Unity and its Learning Partners, and their respective directors, officers, employees, agents, and assigns, and any other organizations related to the Training or Training Materials, harmless from any and all claims, injuries, damages, expenses (including reasonable legal fees), or losses to person or property and/or liabilities of any nature that in any way arise from your participation or attempted participation in the Training or use of Training Materials, including (a) any condition caused by events beyond Unity or its Learning Partners’ control that may cause administration of the Training to be disrupted; (b) damage to your computer or wireless device, or inability to access any website or other Internet presence or wireless service; (c) any printing or typographical errors in any Training Materials; and (d) any breach by you of these Training Terms.
7.2 Learning Partners shall be third party beneficiaries to these Training Terms and are entitled to directly enforce and rely upon any provision of these Training Terms that confer a benefit on (or rights in favor of) the Learning Partners.
8. Term and Termination.
8.1. These Training Terms will remain in full force and effect, binding between you and Unity until the earlier of (i) your discontinuance of an on-going Training, provided you have ceased use of all Training Materials and destroyed any copies in your possession; (ii) termination by Unity of the applicable Training in which you participated or (iii) Unity’s exercise of its remedies or reserved rights under these Training Terms.
8.2. All rights and licenses granted to you under these Training Terms shall immediately cease upon any termination described in Section 8.1. The rights and obligations set out in Sections 4 and 7 will survive any termination of these Training Terms.
9. Defined Terms
9.1 “Learning Partners” means any third-party licensors of the Training Materials, together with third-party organizations appointed and licensed by Unity to host, administer or provide goods or services connected to the Training, as applicable.
9.2 “Training Materials” means all materials concerning the Training made available to you by Unity or its Learning Partners including, but not limited to, any all instructional content, documentation, assets and collateral.