Unity for Humanity Grant Terms and Conditions

Effective as of October 12, 2021

PLEASE READ THESE TERMS CAREFULLY. IF YOU ARE NOT ABLE TO AGREE TO THESE UNITY FOR HUMANITY GRANT TERMS AND CONDITIONS, PLEASE DO NOT APPLY FOR SUBMISSION. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE TERMS WITHOUT PRIOR NOTICE. YOU UNDERSTAND THAT YOUR CONTINUED PARTICIPATION AFTER SUCH MODIFICATION WILL INDICATE YOUR ACCEPTANCE TO THE MODIFIED TERMS.

The Unity for Humanity Grant Terms and Conditions (the “Terms”) are an agreement between Unity Technologies ApS, on behalf of itself and affiliates (“Unity”, “UTECH”, “Our” or “We”) and the individual(s) or organization submitting projects in relation to (“You” or “Your”). The Terms will govern your application to the UFH Grant.

BY APPLYING TO THE GRANT, YOU REPRESENT THAT AS OF THE DATE OF APPLICATION (1) YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF LEGAL MAJORITY WHERE YOU RESIDE; (2) YOUR APPLICATION IS ACCURATE; AND (3) YOU UNDERSTAND AND ACCEPT THESE TERMS. IF YOU ACCEPT THESE TERMS ON BEHALF OF MULTIPLE INDIVIDUALS AS A TEAM (“TEAM”), A COMPANY OR OTHER LEGAL ENTITY (“ORGANIZATION”), YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND OBTAINED NECESSARY CONSENT TO BIND THAT TEAM AND ORGANIZATION.

Purpose of the Program and the Grant

The Unity for Humanity Program connects creators with Unity’s ecosystem to empower and support change-makers and their impact driven content.

For projects submitted between October 11, 2021 and December, 3, 2021, in anticipation to receive the grant issued in 2022, except for the general call for submissions encompass themes of social, healthcare, education, humanitarian and environmental issues, there’s also a special grant designed for projects submitted in relation to the “Imagine a Better World” topic (see our website for more information.)

For the Unity for Humanity Grant (the “Grant”), we work with impact projects selected through a call for submissions (“Featured Project(s)”) and provide funds or professional supports to Featured Project(s), as defined herein, directly, or through Our partners, including without limitations, the partner that deals with the final confirmation and delivery of the Grant (collectively, “Partners1”).

Application Process

To apply for the Grant, you should complete the application form available at: https://unity.com/humanity (“Application”), follow the instructions and submit project in production in accordance with the requirements (“Project”), and upload all required or supporting documentation, if applicable (collectively, the “Submission”). For information regarding Project requirements and supporting document(s) for the Application, please see the FAQ available at: https://unity.com/humanity. UTECH reserves the right to reject any Application in our sole discretion.

License to Your Submission:

You hereby grant to UTECH, Our representatives and partners a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use and display your Submission solely for the purposes of reviewing, judging and evaluating the Submission. A separate agreement will be executed in the event that We would like to further use or publicly distribute the Project, for marketing and any other purposes.

License to Your Feedback.

You have no obligation to provide UTECH with ideas for improvement, suggestions or other feedback (collectively, “Feedback”), in connection with the Grant and Our platform used for Submission (the “Platform”), or any other Unity products or services. If, however, you provide any such Feedback, you hereby grant to UTECH a non-exclusive, transferable, irrevocable, worldwide, royalty-free license (with rights to sublicense) to make, use, sell, offer to sell, reproduce, modify, distribute, make available, publicly display and perform, disclose and otherwise exploit the Feedback.

Featured Project.

From time to time, UTECH may select certain Featured Project(s) from the Submissions to receive financial support2 and/or professional supports, including but not limited to mentorship or technical support, directly or through our Partners, subject to execution of offline agreement(s) with UTECH or Our Partners. For the avoidance of doubt, UTECH is not required to offer any financial and/or professional support to any Project or at any specified level of frequency and any such offer will be at its sole and absolute discretion.

Your Obligations

You acknowledge and agree that:

  1. You will keep all login credentials to the Platform safe and not share them with any other person;
  2. You will not tamper, abuse, or attempt to gain unauthorized access to the Platform;
  3. Your Submission will not contain subject matter that, is inappropriate, indecent, obscene, offensive, sexually explicit, pornographic, hateful, tortious, defamatory; promotes bigotry, racism, hatred or harm against any group or individual; promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, or age; promotes alcohol, illegal drugs, or tobacco; is inconsistent with the message, brand, or image of UTECH or its affiliates, is unlawful, or is in violation or contrary to the laws or regulations of any jurisdiction in which the content of Submission is created.

Third Party Services

Unity may engage third party vendor(s) in relation to this UFH Grant. Such vendor(s) may process your personal information for the purposes of provision and administration of the Application and the Platform to interact or communicate with you, and for other related activities and processes. All such processing of your personal information will be in compliance with Unity’s Privacy Policy.

Privacy Statement

You agree that UTECH may use the content and personal information that you submit in your Application and Submission, or via your participation to the UFH Grant to (a) contact you about your Submission; (b) verify the information in the Application and your adherence to these Terms; (d) share the information with affiliates, authorized UTECH personnel, and third-parties as needed to provide and administer the Application and the Platform. You acknowledge and understand UTECH’s Privacy Policy (located at: unity.com/legal/privacy-policy) will govern UTECH’s use of the personal data you submit through your Application and participation with this UFH Grant. Please refer to Section 7 of Unity’s Privacy Policy to see how to access, update, or delete your data. You may also send any questions or requests to DPO@unity3d.com.

Confidentiality

You acknowledge that the Terms, and any non-public information shared with you in connection with your Application to or participation in the UFH Grant are the confidential information of UTECH and you agree that you will keep such information strictly confidential, not disclose it to any third party, and not use it for any purpose other than as permitted in

accordance to these Terms. You acknowledge and agree that, any UTECH person(s) exposed to your Application and Submission, including but not limited to UTECH employees, consultants, and agents, may be working on similar ideas or technology now or in the future. You and your Organization waive any claim that anything included in the Application and Submission is proprietary or confidential.

Termination

In its sole discretion UTECH may terminate the Grant or your Application for any reason or no reason, effective immediately, including but not limited to your breach of any obligations under the Terms. As of the effective date of termination you (a) will stop accessing the Platform; (b) may be asked to remove some or all of Your Submission.

Warranties and Disclaimers

  1. By You. You represent and warrant that (a) you are not located in any of the following countries embargoed by the United States: Crimea - Region of Ukraine, Cuba, Iran, North Korea, Sudan, and Syria, (b) and that you are not in the U.S. Treasury Department's list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified in the Agreement, (d) your Submission and any Feedback provided to UTECH by you is your original work or you obtained it in a lawful manner; and (e) our and our sublicensees’ use and exercise of the rights and licenses granted pursuant to these Terms will not infringe or violate any rights of any third party.
  2. UTECH Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY, THE “UNITY ENTITIES”) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE UFH GRANT OR PLATFORM (TOGETHER, THE “PRODUCTS”). WE PROVIDE THE PRODUCTS “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK, AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND THE UNITY ENTITIES EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. THE UNITY ENTITIES MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE PRODUCTS OR ANY CONTENT LINKED THEREFROM, THE SUPPORT THEY MAY PROVIDE FOR PRODUCTS, THE SPECIFIC FUNCTIONS OF THE PRODUCTS, THE SECURITY OF THE PRODUCTS, OR THE PRODUCTS’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UNITY ENTITIES DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE PRODUCTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UTECH ENTITIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS , WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT (INCLUDING, WITHOUT LIMITATION, THE BREACH OF THESE TERMS OR ANY TERMINATION OF THIS AGREEMENT), TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE UTECH ENTITIES HAVE BEEN WARNED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL THE UTECH ENTITIES MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED $100 USD.

Dispute Resolution

YOU AND UTECH BOTH AGREE TO RESOLVE ANY DISPUTE, CONTROVERSY OR CLAIM THAT IN ANY WAY ARISES OUT OF OR RELATES TO THESE TERMS OR FROM YOUR PARTICIPATION IN THE UFH GRANT, INCLUDING ANY DISPUTE BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE”), ONLY ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU AND UTECH AGREE THAT THERE WILL NOT BE A JURY TRIAL AND EACH HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SUBJECT MATTER THEREOF. THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA (AND, TO THE EXTENT CONTROLLING, THE FEDERAL LAWS OF THE UNITED STATES). THE LAWS OF SUCH JURISDICTIONS WILL GOVERN WITHOUT REFERENCE TO THE CONFLICTS-OF-LAWS RULES THEREOF. YOU AND UTECH AGREE THAT ANY CLAIM, ACTION OR DISPUTE ARISING UNDER OR RELATING TO THESE TERMS WILL BE BROUGHT EXCLUSIVELY IN (AND THE PARTIES WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF) THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO COUNTY, CALIFORNIA. NOTHING IN THE FOREGOING WILL PREVENT UTECH FROM BRINGING AN ACTION FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN ANY COUNTRY WHERE SUCH INFRINGEMENT IS ALLEGED TO OCCUR.

General Terms

  1. Independent Contractor. You and UTECH are independent contractors and nothing in these Terms will be construed as establishing an employment or agency relationship between you and us. Neither party will have the authority to bind the other party by contract or otherwise, and neither party will hold itself out, expressly or impliedly, as having such authority.
  2. Modification. UTECH reserves the right to change or modify these Terms without prior notice. You understand that if you continue to participate in the UFH Grant after such amendment of the Terms, such participation will indicate your acceptance of the amended Terms.
  3. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
  4. Waiver. The failure by a party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision by such party.
  5. No Election of Remedies. Except as expressly set forth in these Terms, the exercise by a party of any of its remedies under these Terms will not be deemed an election of remedies and will be without prejudice to its other remedies under these Terms or available at law or in equity or otherwise.
  6. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent UTECH.
  7. Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by a registered signatory of UTECH.
  8. Translations. To the extent that these Terms are translated, such translation is provided for solely for convenience, and the English version of these Terms will govern any disputes arising here from.