Unity Experimental Build/Beta Additional Terms

Last Updated: October 1, 2019

Scope

From time to time, Unity may provide a version of Unity Software in experimental, “beta”, or any other in-development release form (“Unity Experimental Build”). Where a Unity Experimental Build is offered, these Unity Experimental Build/Beta Additional Terms (“Beta Terms”) will govern your use of the Unity Experimental Build, subject to the terms of any separate agreement with Unity concerning the Unity Experimental Build ("Other Agreement"). These Beta Terms incorporate and supplement the Unity Terms of Service. By downloading, installing or using the Unity Experimental Build in any manner, you represent and affirm that you have read, understand, and agree to be legally bound by and comply with these Beta Terms. If you do not agree with these Beta Terms, you are not authorized to use the Unity Experimental Build in any manner. In the event of any inconsistency, difference, or conflict between these Beta Terms and any Other Agreement, the Other Agreement will control.

1. Rights to use the Unity Experimental Build

1.1 Use Rights: Conditioned upon your compliance with the terms and conditions of this Agreement, Unity grants you during the Term a revocable, non-exclusive, non-transferable, royalty-free license: (a) to install and execute the executable form of the Unity Experimental Build, solely for internal use by a single person to evaluate the Unity Experimental Build and/or develop Your Project Content; and (b) to distribute the runtime portion of the Unity Experimental Build, on a royalty-free basis, solely as embedded or incorporated into Your Project Content and solely to third parties to whom you license or sell Your Project Content pursuant to an agreement that is no less protective of Unity and its licensors as this Agreement. You may not sublicense the rights granted under clause 1.1(a), but you may sublicense the rights granted under 1.1(b) solely to third parties to whom you license or sell Your Project Content to act as distributors thereof pursuant to an agreement no less protective of Unity and its licensors as this Agreement.

1.2 Copies: You may install one instance of the Unity Experimental Build 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 Experimental Build 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 Experimental Build on additional computers or operating systems upon deactivation of the Unity Experimental Build installed on existing computers.

1.3 Third Party Software: The Unity Experimental Build may incorporate or be bundled with Third Party Software governed by separate terms, including open source licenses. As applicable, such Third Party Software terms are identified in a LICENSE.TXT or like file bundled with the Unity Experimental Build and incorporated into these Beta Terms by reference. You agree that you have reviewed and accepted those terms and that your use of the Unity Experimental Build will be deemed acceptance thereof.

2. Restrictions

2.1 Personal, Plus, or Pro License May be Required: You acknowledge and agree that an existing, valid license to Unity Software may be required in order to access and use the Unity Experimental Build.

2.2 Embedded Software Restriction: You may not directly or indirectly distribute Your Project Content installed on more than 1,000 electronic devices or systems if Your Project Content provides the user interface or primary functionality of such electronic device or system without a separate license from Unity. This restriction does not prevent you from distributing Your Project Content pre-installed on personal computers and consumer electronic devices such as mobile phones, tablets, televisions or set top boxes as long as Your Project Content does not provide the user interface or primary functionality of such device.

2.3 Console Add-ons Restriction: Use of the Unity Experimental Build with certain console platforms is not permitted where such use is subject to the Unity Console Add-on Developer Requirements as set forth on the Site, unless Unity provides notice to the contrary at the Site.

2.4 Gambling Restriction: You may not distribute or publish any of Your Project Content in connection with any Gambling Activities without a separate license agreement from Unity.

2.5 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 Experimental Build; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to the Unity Experimental Build to any third party; (c) directly or indirectly make the functionality of the Unity Experimental Build available to multiple users or third parties through any means, including but not limited to by uploading the Unity Experimental Build 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 Experimental Build for competitive analysis or to develop a competing product or service; or (e) do anything that could cause or result in the Unity Experimental Build (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 Experimental Build (including the runtime portion thereof) or other software combined or distributed with the Unity Experimental Build 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 Experimental Build, 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 Experimental Build, 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 Experimental Build.

3. Consent to Data Collection; Privacy Policy Obligations

3.1 You acknowledge and accept Unity's privacy policy. You agree that the Unity Experimental Build (including the Unity runtime in Your Project Content) may send data to Unity to: (a) check for Unity Experimental Build updates; (b) provide aggregated usage statistics of your use of the Unity Experimental Build 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 Experimental Build and other Unity product and service offerings.

3.2 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, which may be updated from time to time.

4. Feedback & Issues

4.1 We welcome and encourage you to provide Feedback, as your input may help us determine we can move forward with the project or otherwise stabilize it for general release. You may submit Feedback at the Site, or as otherwise indicated by Unity. At the same time, you acknowledge and agree that the Unity Experimental Build is still in development, unfinished, and may have bugs. Indeed, it may not work as intended or at all. As a result, while technical support may be offered by Unity at its sole discretion as described on the Site, you acknowledge and agree that Unity has no obligation to provide any support in connection with the Unity Experimental Build, nor any patches, updates, new releases, or new versions of the Unity Experimental Build.

4.2 You acknowledge and agree that the Experimental Build is “Software” under the Terms of Service. You further acknowledge and agree that Unity shall own, and you hereby assign to Unity all right, title, and interest in and to, all Feedback. At Unity’s request and expense, you will execute documents and take such further acts as Unity may reasonably request to assist Unity to acquire, perfect, and maintain its ownership interests and other legal protections pursuant to these Beta Terms.

5. Term

The grant of license to you under these Beta Terms to access and use the Experimental Build will terminate on the earlier of (a) such date indicated by Unity at the Site by which the term for the Experimental Build governed by these Beta Terms expires; or (b) Unity’s termination of such license in writing (email sufficient) to you. You acknowledge and agree that any such termination will be at Unity’s absolute discretion. Upon termination, at Unity’s option either promptly delete and destroy or return to Unity all copies of the Unity Experimental Build in your possession or control.

6. U.S. Government Rights

The Unity Experimental Build 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 Experimental Build 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 Experimental Build 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 Experimental Build 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

“Feedback” means the feedback, data (including any code), comments, and suggestions concerning the Experimental Build or its contents that you provide to Unity.

“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.

"Third Party Software" means software developed by third parties that is furnished with or as part of the Unity Experimental Build.

“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 Site.

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