Unity Learning Products and Services Additional Terms

Last Updated: December 4, 2024

What’s Changed: We have brought together the On-Demand Training Courseware Additional Terms (formerly the Self-Paced Courseware Additional Terms), the Certification Program Additional Terms, the Instructor-Led Training Workshop Additional Terms (formerly the Unity Training Workshop Additional Terms), and the Learning Credit Additional Terms onto one page under the umbrella of the Unity Learning Products and Services Additional Terms. Some terms have been renamed for clarity to align with our offerings.

We now offer more options for customizations to On-Demand Courses and Instructor-Led Training Workshops and we have updated terms to reflect how you may opt for customization and what to expect. We have also updated requirements and expectations for the delivery of any On-Site Training Workshops and the platforms we use for Training Workshops.

Additionally we have posted an update to our Unity Terms of Service to cover mutual confidentiality information to protect your information shared with us, which includes when you share your information with us through Unity Learning Products and Services.

These Unity Learning Products and Services Additional Terms (“Learning Products and Services Terms”) govern your purchase and use of Unity’s on-demand courseware, certification exams, various training workshops led by a Unity instructor (online or live), and other Unity learning products and services (“Learning Products and Services”) and constitute a binding legal agreement between you and Unity. These Learning Products and Services Terms supplement the Unity Terms of Service. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Terms.

These Learning Products and Services Terms include the:

Unity On-Demand Training Courseware Additional Terms (Part I)
Unity Certification Program Additional Terms (Part II)
Unity Instructor-Led Training Workshop Additional Terms (Part III)
Unity Learning Credits Additional Terms (Part IV)

I. Unity On-Demand Training Courseware Additional Terms

These Unity On-Demand Training Courseware Additional Terms (“On-Demand Course Terms”), which supplement and are incorporated into the Unity Terms of Service, govern your participation in Unity’s self-paced, online courses (“On-Demand Courses”), as well as your use of and access to related On-Demand Course Materials.

By participating in Unity’s self-paced, online courses (“On-Demand Courses”), or accessing or using associated On-Demand Course Materials, you acknowledge that you understand and agree to accept the following Course Terms. If you do not or cannot accept these On-Demand Course Terms, you may not participate in any On-Demand Course.

In addition to these On-Demand Course Terms, you are subject to such additional terms and policies and of the systems and sites you use during your participation in an On-Demand Course and through which you receive or use On-Demand Course Materials. These separate terms (including Unity’s Privacy Policy) are published by Unity and the Unity Partners and are posted on their websites.

1. Participation in Unity Courses

1.1. To participate in a Unity On-Demand Course, 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 On-Demand Course Materials, your parent or legal guardian has reviewed and agreed to these On-Demand Course 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 Unity On-Demand Course under applicable law.

1.2. You may discontinue participation in a Unity On-Demand Course at any time, subject to your obligations in respect of the On-Demand Course Materials as set out in Section 6.

2. Your Obligations

2.1. You agree that you will not engage in any misconduct in connection with an On-Demand Course, 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 On-Demand Course that Unity or any Unity 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 On-Demand Course or through other written communication (including email) delivered to the address you provide to Unity or a Unity 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 On-Demand Course Materials; (b) license, distribute, transfer or otherwise provide access to any of the On-Demand Course Materials to any third party; (c) disassemble, decompile or reverse engineer the On-Demand Course Materials; (d) make the On-Demand Course Materials available to multiple users (e) use the On-Demand Course 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 On-Demand Course Materials, or (g) otherwise make use of the On-Demand Course Materials, except for the purposes identified in these On-Demand Course Terms. Unless AND UNTIL you have received prior written consent of Unity, You are restricted from using any On-Demand Course 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 Unity 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 Unity Partners.

3. Subscription Plans + Platforms.

3.1. Unity may offer various subscription plans, including custom plans, with different features and fees. Unity may make any of these plans available to you separately upon request in writing by you and/or at any plan page(s) on the Site, including any restrictions, limitations, and other distinguishing features of any plan. You should review and be aware of these plans and their details when selecting the best plan for you. You acknowledge and agree that information in any plan quote, invoice, or the like separately provided to you may contain confidential information of Unity and may not be disclosed to third parties without Unity’s prior written consent.

Certain subscription plans may include access to a courseware Platform. Where Platforms are utilized to access On-Demand Courses or On-Demand Course Materials, Unity will notify you and provide access to any applicable user terms. When an individual participant registers on a Platform, they may be prompted to create an account and to agree to the terms of service presented via such Platform. Login credentials and access are on a per-seat basis, cannot be transferred for any reason, and may not be shared internally or externally. If Unity identifies that credentials are being shared, access will be terminated.

3.2. On-Demand Courseware can be customized: (a) as indicated in the Offering Identification for certain Offerings subject to confirmation by Unity through written communication (including email); or (b) for an additional fee and subject to a separate Statement of Work or Order Form. Each Statement of Work or Order Form: (a) must be signed by both parties; (b) is subject to and will form a part of these Terms; (c) will be subject to such additional terms and conditions as may be set out therein; and (d) will outline targeted metrics and/or performance timelines based on mutually-agreed objectives, goals and/or Deliverable. Additional, extensive customization beyond the scope as communicated in the Offering Identification, Statement of Work, or Order Form may incur extra charges.

Customization by Unity will be developed along a reasonable timeframe, typically within 6-8 weeks, subject to confirmation on a delivery date by Unity. You are responsible for providing clear and timely feedback and approvals during the course development process. You may provide feedback on the course outline and content during any feedback and revision meetings, however, only up to 2 revisions may be accommodated to make changes to the course to align with your requirements. You may cancel the custom course development within 14 days of initiating the service. In the event of termination, any work conducted will be billed at a pro-rata rate.

In the event of any conflict between the Unity On-Demand Course Terms and a Statement of Work, the Statement of Work shall control.

4. Intellectual Property Rights

4.1. Subject to these On-Demand Course Terms, Unity grants you a non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to access Platforms (if applicable) and use On-Demand Course Materials, only to the extent necessary to enable you to exercise all of the rights granted to you hereunder.

4.2. The foregoing license does not permit you to download, install or copy any On-Demand Course Materials, except as expressly directed by Unity or necessary for the purposes of the relevant On-Demand Course.

4.3. If you provide any graphics, audio recordings, video, texts, logos, brand assets and other content contained or used within the customization of an On-Demand Course (“Background Material”) you represent and warrant that you have all necessary licenses and clearances for Unity to use and distribute the Background Material and that the Background Material does not invade any right of privacy, contain any libelous materials or materials that promote pornography, violence, or obscenities, and/or infringe or violate any right of any third party, including any intellectual property and proprietary rights. You hereby grants Unity (together with its affiliates and subsidiaries) a royalty-free, fully paid-up, transferable, sublicensable, nonexclusive, worldwide, non-revocable, perpetual license to use the Background Material as needed to develop, provide, and implement the On-Demand Course.

5. Reservations & Limitations

5.1. On-Demand Course Materials are protected by copyright law and international treaties and are licensed, not sold, hereunder. Unity and Unity Partners retain ownership of all On-Demand Course Materials, including all intellectual property rights therein.

5.2 Unity reserves the right to make changes to and/or discontinue or terminate any Unity On-Demand Course or related On-Demand Course Materials at any time without prior notice and at its sole discretion.

5.3. Unity reserves the right, at our discretion, to terminate your access to On-Demand Course Materials, without refund or reimbursement, and require you to cease using and permanently destroy all On-Demand Course Materials in your possession, including assets or copies thereof, in the event that Unity believes you to be in breach of these On-Demand Course Terms.

5.4. Your successful completion of any On-Demand Course 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.

5.5. Unity reserves all rights not expressly granted to you in these On-Demand Course Terms.

6. Release and Indemnity

Except as expressly otherwise provided in these On-Demand Course Terms, you agree to release, indemnify, defend and hold Unity and Unity Partners, and their respective directors, officers, employees, agents, and assigns, and any other organizations related to the On-Demand Course, 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 On-Demand Course, including (a) any condition caused by events beyond Unity or Unity Partners’ control that may cause administration of the On-Demand Course 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 On-Demand Course Materials; and (d) any breach by you of these On-Demand Course Terms.

7. Term and Termination

7.1. These On-Demand Course Terms will remain in full force and effect, binding between you and Unity until the earlier of (i) your permanent discontinuance of an on-going On-Demand Course, provided you have ceased use of all On-Demand Course Materials and destroyed any copies in your possession; (ii) termination by Unity of the applicable On-Demand Course in which you participated or (iii) Unity’s exercise of its remedies or reserved rights under these On-Demand Course Terms.

7.2. All rights and licenses granted to you under these On-Demand Course Terms shall immediately cease upon any termination described in Section 7.1. The rights and obligations set out in Sections 5 and 6 will survive any termination of these On-Demand Course Terms.

8. Defined Terms

“On-Demand Course Materials” means all materials concerning the On-Demand Course made available to you by Unity or Unity Partners including, but not limited to, any all instructional content, documentation, assets and collateral.

"Platform(s)" means any Unity or third-party owned software, systems or platforms on which On-Demand Courses and/or On-Demand Course Materials are hosted and delivered or through which any On-Demand Courses are performed.

“Unity Partners” means any third-party licensors of the Course On-Demand Materials, together with third-party organizations appointed and licensed by Unity to host, administer or provide goods or services connected to the Unity On-Demand Course, as applicable.

II. Unity Certification Program Additional Terms

These Unity Certification Program Terms (“Certification Program Terms”), which supplement and incorporate the Unity Terms of Service, govern your participation in any Certification Program developed by Unity, as well as your use of related Certification Materials and Certification Logos and Appellations.

By participating in a Unity Certification Program, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Certification Program Terms. If you do not agree with these Certification Program Terms, you are not authorized to participate in the Unity Certification Program and you may not take an Exam or use the Certification Materials in any manner.

In addition to these Certification Program Terms, you are subject to such additional terms and policies of the systems and sites you use during your participation in Unity Certification Programs, including taking an Exam and using or receiving Certification Materials. These separate terms (including Unity’s Privacy Policy) are published by Unity and the Unity Partners and are posted on their websites.

1. Participation in Unity Certification Programs

1.1. To participate in a Unity Certification Program, 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 Certification Materials, your parent or legal guardian has reviewed and agreed to these Certification Program 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 Unity Certification Program under applicable law.

1.2. To use the Certification Logos and Appellations: you must (a) complete an Exam and (b) obtain a passing score on that Exam, as determined by Unity in its sole discretion.

1.3. You may discontinue participation in a Unity Certification Program at any time, subject to your obligations in respect of the Certification Materials and Certification Logos and Appellations 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 Unity Certification Program, including receiving or providing unauthorized assistance during an Exam, submitting work that is not your own, or possessing or using unauthorized materials during an Exam. 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 Unity Certification Program that Unity or any Unity 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 Unity Certification Program or through other written communication (including email) delivered to the address you provide to Unity or a Unity 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 Certification Materials or Certification Logos and Appellations; (b) license, distribute, transfer or otherwise provide access to any of the Certification Materials or Certification Logos and Appellations to any third party; (c) disassemble, decompile or reverse engineer the Certification Materials; (d) make the Certification Materials available to multiple users or third parties; (e) use the Certification 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 Certification Materials, or (g) otherwise make use of the Certification Materials or Certification Logos and Appellations, except for the purposes identified in these Certification Program Terms. Unless AND UNTIL you have received prior written consent of Unity, You are restricted from using any Training Materials, whether in their original form or a modified state, in the production of any commercial content. This Section 2.3 supersedes any other contrary terms presented by Unity or a Unity Partner.

2.4. You agree that, unless otherwise instructed or agreed in writing by Unity, you will not use the Certification Logos and Appellations in a manner that is inconsistent with the Unity’s Trademark Guidelines.

2.5. 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 Unity Partners.

3. Intellectual Property Rights

3.1. Subject to these Certification Program Terms, Unity grants you a non-exclusive, revocable, non-transferable, non-sublicenseable, royalty-free license to use the Certification Materials during an Exam. The foregoing license does not permit you to download, install or copy any Certification Materials, except as otherwise expressly agreed by Unity in a separate writing.

3.2. Upon your passing of an Exam, Unity grants you a non-exclusive, revocable, non-transferable, non-sublicenseable, royalty-free license to use the Certification Logos and Appellations, as appropriate to the type and level of Certification you have achieved, for a period of two (2) years from your passing of the Exam to identify yourself as a person who has attained such Certification.

4. Reservations & Limitations

4.1. Certification Materials are protected by copyright law and international treaties and are licensed, not sold, hereunder. Unity and the Unity Partners retain ownership of all Certification Materials and Certification Logos and Appellations, including all intellectual property rights therein.

4.2. Unity reserves the right to make changes to and/or discontinue or terminate any Unity Certification Program or related Exams and Certification Materials, including changing requirements, changing passing score requirements, or changing or discontinuing Unity Certification Program benefits, 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 Certification Materials, without refund or reimbursement, and require you to cease using and permanently destroy all Certification Materials and Certification Logos and Appellations in your possession, including assets or copies thereof, in the event that Unity believes you to be in breach of these Certification Program Terms.

4.4. Your right use of the Certification Materials or the Certification Logos and Appellations 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 Certification Program Terms.

5. Certification Status

5.1. You agree that Unity or a Unity Partner may make your Unity Certification Program status available to the public for so long as such Unity Certification Program remains in effect. Your “Certification status” means (a) your name; (b) what, if any, certifications, evaluations, or the like are held by or concern you; and (c) any conditions or limitations (including time periods) of your Certifications.

5.2. You may revoke your consent given in Section 5.1 by formal written request to Unity. You acknowledge and agree that any such affirmative revocation by you will result in the permanent termination and removal of your Certification status from Unity and Unity Partner systems and that you will be required to immediately cease all use of related Certification Materials and Certification Logos and Appellations.

6. Rescheduling, Costs & Expenses

6.1. All requests for rescheduling and refunds and any other inquiries concerning administration of the Exams will be handled directly by the Unity Partner and at the Unity Partner’s discretion. In the event you are prevented from attending an Exam or have other scheduling questions, please contact the Unity Partner providing your Exam for further information.

6.2. You will be responsible for your own costs and expenses in connection with taking any Exam or participating in a Unity Certification Program, and no reimbursements or refunds will be offered or available from Unity or any Unity Partner for any costs or expenses incurred by you, including travel and accommodation.

7. Release and Indemnity

7.1. Except as expressly provided in these Certification Program Terms, you agree to release, indemnify, defend and hold Unity and Unity Partners, and their respective directors, officers, employees, agents, and assigns, and any other organizations related to the Unity Certification Program, 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 a Unity Certification Program, including (a) any condition caused by events beyond Unity or Unity Partners’ control that may cause administration of the Unity Certification Program (including Exams, Certification Materials and Certification Logos and Appellations) 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 Certification Materials; and (d) any breach by you of these Certification Program Terms.

7.2. In the case of any Exam taken outside an authorized Pearson center, Unity makes no representations or guarantees on behalf of the organization or facility where the Exam occurs.

7.3 Unity Partners shall be third party beneficiaries to these Certification Program Terms and are entitled to directly enforce and rely upon any provision of these Certification Program Terms that confer a benefit on (or rights in favor of) Unity Partners.

8. Term and Termination.

8.1. These Certification Program Terms will remain in full force and effect, binding between you and Unity until the earlier of (i) your discontinuance of an on-going Exam, provided you give reasonable notice to the Exam proctor; (ii) your completion of an Exam in the case that no passing result is achieved; (iii) your revocation under Section 5.2 of all rights to any Certification Logos and Appellations previously granted by Unity, provided you have ceased use of and destroyed all copies of the Certification Logos and Appellations in our possession; (iv) termination by Unity of the applicable Exam or Certification in which you participated or (v) Unity’s exercise of its remedies or reserved rights under these Certification Program Terms.

8.2. All rights and licenses granted to you under these Certification Program 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 Certification Program Terms.

9. U.S. Government Rights.

The Certification Materials and related 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 Certification Materials 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 Certification Materials 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.

10. Export Law.

You agree to comply fully with all export laws and regulations to ensure that neither the Certification Materials 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.

11. Defined Terms.

11.1. “Certification Logos and Appellations” means those titles, logos, badges and other designations and materials, as identified by Unity on the Site, intended to be used under these Certification Program Terms to identify individuals who have passed the applicable Exam(s) associated with such title, logo, badge or designation.

11.2. “Certification Materials” means the content made available to you during an Exam and any other physical or electronic materials provided to you in connection with a Unity Certification Program.

11.3. “Certification Program” means any one (1) or more tiered series of certification examinations as developed by Unity or its licensors and administered by the Unity Partners, the passage of which entitles a participate to hold a Unity certification.

11.4. “Exam” means a proctored question and answer session(s), passing of which entitles an individual to hold a Unity certification on the topic(s) covered in such session(s).

11.5. “Unity Partners” means any third-party licensors of the Certification Materials, together with third-party organizations appointed and licensed by Unity to host, administer or provide goods or services connected to the Unity Certification Program, as applicable.

III. Unity Instructor-Led Training Workshop Additional Terms

These Unity Instructor-Led Training Workshop Additional Terms (“Training Workshop Terms”) govern your purchase of any virtual or in-person training classes, learning sessions, and workshops led by Unity instructors provided directly by Unity, and constitute a binding legal agreement between you and Unity. These Unity Training Workshop Terms supplement and incorporate the Unity Terms of Service.

By purchasing a Training Workshop, you agree that you understand these Training Workshop Terms and are legally bound to comply with these Training Workshop Terms. For clarity, if you purchase a Training Workshop on behalf of a company, organization or other legal entity, you represent and warrant that you have the authority to bind that legal entity to the Training Workshop Terms and, in such event, “you” and “your” will refer and apply to that legal entity. If you do not or cannot accept these Training Workshop Terms, you are not authorized to receive the benefits of a Training Workshop.

Further, you acknowledge and agree that, by default, the Training Workshops you purchased or by any means received from Unity shall be delivered virtually. If you purchase a Training Workshop on behalf of a company, organization or other legal entity, AND believe that an on-site, in-person Training Workshop is more beneficial, you may request an on-site Training Workshop (“On-Site Training Workshop”), which you acknowledge may be subject to additional costs. Unity shall have the sole discretion to determine whether such an On-Site Training Workshop is necessary or not and Unity shall determine the additional costs in the planning, delivery and performance of such On-Site Training Workshop.

1. Participation in Training Workshops.

1.1 Training Workshop(s) may be delivered on one or multiple dates and times. All Training Workshops will be delivered in English unless otherwise indicated.

1.2 On or prior to the scheduled date(s) of the Training Workshop(s), Unity will send instructions for virtual delivery, or send Unity Personnel to your location, if applicable, to provide the Training Workshop(s) you selected. All Training Workshops are structured for up to fifteen (15) attendees. You may be able to add additional attendees for an additional fee. Solely Unity shall determine the Unity Personnel to deliver the Training Workshop(s). Training Workshops can be customized: (a) as indicated in the Offering Identification for certain Offerings subject to confirmation by Unity through written communication (including email); or (b) for an additional fee and subject to a separate Statement of Work or Order Form,. You shall communicate any needs and requirements for such customization prior to such confirmation by Unity and you agree and acknowledge that the planning, format, and content for such customized Training Workshop shall solely be determined by Unity. There is a minimum commitment of the purchase of three (3) days of Training Workshops in order for Unity to provide customized Training Workshops.

Each Statement of Work or Order Form: (a) must be signed by both parties; (b) is subject to and will form a part of these Terms; (c) will be subject to such additional terms and conditions as may be set out therein; and (d) will outline targeted metrics and/or performance timelines based on mutually-agreed objectives, goals and/or Deliverable. Additional, extensive customization beyond the scope as communicated in the Offering Identification, Statement of Work, or Order Form may incur extra charges.

In the event of any conflict between the Training Workshop Terms and a Statement of Work, the Statement of Work shall control.

1.3 To participate in a Training Workshop, as an individual, you represent and warrant that: (a) you are a 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 Workshop 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 the Training Workshop under applicable law.

1.4 You may discontinue participation in a Training Workshop at any time, subject to your obligations in respect of the 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 Workshop, 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 Workshop that Unity 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 Workshop or through other written communication (including email) delivered to the address you provide to Unity.

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, 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 Unity 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.

2.5 The following terms in this Section 2.5 apply when you purchase a Training Workshop on behalf of a company, organization or other legal entity:

(a) You will be responsible for delivering Materials (if any) you receive from Unity to the Training Workshop participants. It is you or your designated individual participants’ responsibility to possess computers with operating systems and software that are able to access the Platform(s) (as set forth in Section 3 below) and view Materials presented. You will be responsible for providing facilities and/or equipment to be used by participants and/or Unity Personnel in conjunction with the Training Workshop, including the latest version of Unity Products installed on participant computers (Unity may provide temporary licenses to participants for the Training Workshop on prior request).

(b) If Unity agrees to provide an On-Site Training Workshop at your location or a third party location, you agree to accept responsibility for the fitness and safe working conditions of the facilities for the Services, including but not limited to compliance with the rules, regulations, and/or guidelines, as applicable, of the Occupational Safety and Health Administration, renting/leasing any third-party location, ensuring Internet access is available both to Unity Personnel and your staff, ensuring that Unity Personnel are authorized to enter the selected location, ensuring availability of all necessary technical equipment, providing access to your key stakeholders, and making other reasonable arrangements to assure successful completion of the Training Workshop at the location. You will provide Unity with contact information for one (1) designated contact who will run lead and aid in on-the-ground support on your behalf for the duration of the On-Site visit. Reasonable and necessary arrangements include:

(i) a closed room (preferred) with classroom-style seating (desks or tables) and workstations that meet the requirements of the given Training Workshop;
(ii) LCD/LED projector (at least 1080p);
(iii) appropriate power for Unity Personnel and participants; and
(iv) food and beverage as needed.

(c) You acknowledge and agree that, once you agree to purchase a Training Workshop: (i) it is your responsibility to contact Unity to schedule the Training Workshops; (ii) you must contact Unity at least ninety (90) days prior to the date on which you would like to schedule a Training Workshop; and (iii) any Training Workshop not scheduled during the Term will be forfeited. For clarity, if you do not contact Unity to schedule your Training Workshop at least ninety (90) days prior to the end of the Term, you forfeit the Training Workshop.

2.6 You agree to notify Unity in writing of any cancellation or intent to reschedule a previously scheduled Training Workshop. In the event you notify Unity of your intent to cancel or reschedule a Training Workshop, Unity may invoice and you will pay all non-refundable travel and living expenses associated with the previously scheduled Training Workshop incurred before receiving your cancellation notice. In the event you notify Unity of your intent to cancel or reschedule a Training Workshop less than fourteen (14) calendar days prior to the date the Training Workshop is scheduled to begin, you will forfeit such Training Workshop.

3. Training Platforms.

Unless you request and Unity approves the use of another Platform in advance, the current Platforms utilized for Training Workshops are the Unity Asset Store, (https://www.assetstore.unity3d.com), Unity Professional Training (https://protraining.unity.com/), Unity Learn (https://learn.unity.com), and Zoom. Where additional Platforms are utilized in connection with the Training Workshop services and materials, Unity will notify the individual participants and provide access to any applicable user terms prior to the start of the Training Workshop. When an individual participant registers on any Training Workshop Platform, they may be prompted to create an account and to agree to the terms of service presented via such Platform.

4. Ownership of Materials.

You acknowledge and agree that Unity will retain all rights in and to their respective Intellectual Property Rights, and any and all Materials, where applicable, used during performance of the Training Workshops will remain the Intellectual Property Rights of Unity, as applicable.

Unity hereby grants to you a non-exclusive, royalty-free license to access Platforms and use Materials, only to the extent necessary to enable you to exercise all of the rights granted to it under these Training Workshop Terms or any statement of work. Any additional license grants in respect of the Onsite Training Workshops and related Platforms and Materials will be as between Unity (or its Fulfillment Partner) and the individual Onsite Training Workshop participant.

5. Reservations and Limitations

5.1. The Materials are protected by copyright law and international treaties and are licensed, not sold, hereunder. Unity and/or its Learning Partners retain ownership of all Materials, including all intellectual property rights therein.

5.2. Unity reserves the right to make changes to and/or discontinue or terminate any Training Workshop or related Materials at any time without prior notice and at its sole discretion.

5.3. Unity reserves the right, at our discretion, to terminate your access to the Materials, without refund or reimbursement, and require you to cease using and permanently destroy all Materials (including copies thereof) in your possession, in the event that Unity believes you to be in breach of these Terms.

5.4. Your use of the Training Workshop 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.

5.5. Unity reserves all rights not expressly granted to you in these Training Workshop Terms.

6. Release and Indemnity

Except as expressly otherwise provided in these Training Workshop Terms, you agree to release, indemnify, defend and hold Unity and its respective directors, officers, employees, agents, and assigns, and any other organizations related to the Training Workshop or the 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 Workshop or use of the Materials, including (a) any condition caused by events beyond Unit’s control that may cause administration of the Training Workshop 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 Materials; and (d) any breach by you of these Training Workshop Terms.

7. Costs and Expenses

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. Unless otherwise agreed in writing, you will reimburse Unity for all reasonable and customary out-of-pocket travel, lodging and related expenses incurred by Unity in connection with Unity’s performance of any On-Site Training Workshop, including but not limited to travel to and from your location or third party location, accommodation and meals, and travel to and from any temporary accommodations and/or travel depots. At your request, Unity will furnish you with copies of receipts and other customary documentation for any expenses for which Unity requests reimbursement hereunder. For any required travel exceeding eight (8) hours to your location or third party location for the performance of any On-Site Training Workshop, there will be a one (1) day period in between the required travel and the first day of the On-Site Training, and any costs or expenses of accommodation shall be your responsibility.

8. Term.

These Training Workshop Terms shall remain in effect for the Term, unless the Training Workshop is forfeited as set forth in Section 2.

9. Definitions.

“Learning Partner(s)” means any one or more of Unity’s third-party licensors, partners or providers of the Learning Services, including operators of the Platforms described herein and hosts of Materials.

“Materials” means the documentation and materials, inclusive of video content and other content owned by or licensed to Unity, provided by Unity or its licensors in electronic or physical form. Materials are subject to additional terms between Unity and the individual end users.

“Platform(s)” means any Unity or third-party owned software, systems or platforms on which Materials are hosted and delivered or through which any Learning Services are performed.

“Term” means the period of timing starting on the date of initial purchase of a Training Workshop and continuing for a period of twelve (12) months.

“Training Workshop(s)” are instructor-led virtual or in-person training sessions with Unity Personnel and include services and Materials delivered via Unity-designated Platforms.

“Unity Personnel” means any Unity employees, contractors, or agents that provide Training Workshop(s) as set forth in this Agreement.

IV. Unity Learning Credits Additional Terms

These Unity Learning Credits terms (“Learning Credits Terms”), which supplement and incorporate the Unity Terms of Service, govern your use of any Learning Credit packages you purchase. By purchasing a Learning Credit package, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Learning Credits Terms. If you do not agree with these Learning Credits Terms, you are not authorized to use the Learning Credit package in any manner.

In addition to these Learning Credits Terms, your redemption of Learning Credits for Learning Services is subject to such additional terms and policies of the various Learning Services for which you redeem Learning Credits. These separate terms (including Unity’s Privacy Policy) are published by Unity, as part of the Unity Terms of Service, and also by its Learning Partners, as posted on their websites.

1. Learning Credits.

Learning Credits purchased during any Redemption Period are redeemable only on the Credit Redemption Platform during such Redemption Period and cannot be carried over to any subsequent Redemption Period; any credits that remain unused by you beyond the then-current Redemption Period will be forfeited. Subsequent Unity Learning Credit packages, as well as any additional Learning Credits, may be ordered for subsequent Redemption Periods at Unity’s then-current pricing.

Learning Credits are non-refundable.

2. Credit Redemption.

You may allocate Learning Credits to any of Unity’s Learning Products and Services, as set forth on the Unity Site, via the Credit Redemption Platform at the redemption values set forth in the Credit Redemption Platform.

In the event you redeem Learning Credits for Learning Services designed for individual participation, you will receive voucher codes that you will assign to your particular participants. The voucher codes are then redeemable as instructed to the participants by Unity.

In the event you redeem Learning Credits for Training Workshops or other Learning Services that require Unity’s participation, Unity will be notified and then reach out to you to agree on dates, times and locations of such Learning Services. In such event, the parties may agree to rely on Unity-provided services and materials, along with a Unity-issued order form, to define the details of such Learning Services. You must redeem Learning Credits at least thirty (30) days prior to the date on which you wish to schedule any Training Workshop. If you do redeem Learning Credits for a Training Workshop at least thirty (30) days before the end of the then-current Redemption Period, Unity may be unable to schedule a Training Workshop using the Learning Credits available.

In the event you redeem Learning Credits for a “custom” Training Workshop, such custom Training Workshop will (a) be as indicated in the Offering Identification for certain Offerings subject to confirmation by Unity through written communication (including email); (b) be as described in one or more Statements of Work or Order Forms between you and Unity.

Neither Unity nor any Learning Partner will be required to perform any Learning Services or provide Materials for such Learning Services unless and until both parties have agreed to the times, dates and locations for such Learning Services and signed a Statement of Work, if applicable.

3. Your Obligations.

You will be responsible for delivering voucher codes and Materials (if any) you receive from Unity or its Learning Partners to the Learning Services participants. Generally, it is you or your designated individual participants’ responsibility to possess a computer with operating systems and software that are able to access the Learning Platforms and view Materials presented. As mutually agreed from time to time, you may also be responsible for providing facilities and/or equipment to be used by participants and/or Unity Personnel in conjunction with Training Services.

4. Ownership of Materials.

You acknowledge and agree that Unity and its Learning Partners shall retain all rights in and to their respective Intellectual Property Rights, and any and all Materials, where applicable, used during performance of the Learning Services shall remain Intellectual Property Rights of Unity or the Learning Partner.

Unity hereby grants to you a non-exclusive, royalty-free license to access Learning Platforms and use Materials, only to the extent necessary to enable you to exercise all of the rights granted to you hereunder. Any additional license grants in respect of the Learning Services and related Learning Platforms and Materials will be as between Unity (or its Learning Partner) and the individual Learning Service participant.

5. Definitions.

“Credit Redemption Platform” means the third-party-hosted web platform where Learning Credits may be redeemed for Learning Services, subject to these Learning Credits Terms.

“Learning Credits” means a type of electronic currency that may only be redeemed for Learning Services via the Credit Redemption Platform.

“Learning Partner(s)” means any one or more of Unity’s third-party licensors, partners or providers of the Learning Services, including operators of the Learning Platforms described herein and hosts of Materials.

“Learning Platform(s)” means any Unity or third-party owned software, systems or platforms on which Materials are hosted and delivered or through which any Learning Services are performed.

“Redemption Period” means the period of twelve (12) consecutive months corresponding with your initial purchase of Learning Credits.

“Statement of Work” means a detailed description of a custom Training Workshop. Each Statement of Work will be signed by both parties, expressly refer to the Agreement, form a part of the Agreement and be subject to the terms and conditions set forth therein.

“Training Workshop” means in-person/on-site or real-time/virtual training services performed by Unity Personnel together with any related Materials. Training Workshops will be as further designated in a Statement of Work for customized content or other mutually agreeable terms between the parties (inclusive of order forms) for generally-available instructional services and content.

“Unity Personnel” means any Unity employee, any agent or other third party authorized by Unity to provide an onsite Training Workshop.