Last Revised: August 4, 2022
Your use of Unity’s Parsec product suite is subject to these Additional Terms (the “Parsec Terms”), which supplement the Unity Terms of Service (herein, the Parsec Terms and the Unity Terms of Service shall collectively be referred to as the “Agreement”). Such Unity Terms of Service shall be incorporated herein by reference as if recited at length and shall govern, unless otherwise specified in these Parsec Terms.
Unity Technologies ApS, (together with our affiliates, “Unity”, “we”, or “us”) provides simple, low-latency game streaming through desktop and mobile applications available for download. The Parsec website and its subdomains (collectively, the “Parsec Site”), the Parsec software and associated documentation that is made available to you by Unity (“Parsec Software”), all Parsec mobile applications (collectively, the “Parsec App”), and the services and resources available or enabled via the Parsec Site, Parsec Software, or the Parsec App (collectively the “Parsec Offerings”) are controlled by Unity.
The Agreement is legally binding and governs your use of the Parsec Offerings, including the Parsec Software and Parsec App. By registering on the Parsec Site or Parsec Application or by visiting, browsing, or using any of the products or services in the Parsec Offerings, in any way, you (“user”, “Your” or “you”) represent and affirm that you have read, understand, and agree to be legally bound by and comply with this Agreement. If you do not agree with this Agreement, you are not authorized to use the Parsec Offerings in any manner.
Any terms not expressly defined in these Parsec Terms shall have the meaning ascribed to them in the Unity Terms of Service unless the context dictates otherwise. Any conflict between these Parsec Terms and the Unity Terms of Service shall be resolved in favor of the terms most favorable to Unity.
2.1.Parsec Account Creation.
To access certain Parsec Offerings, you must register for a Parsec account (“Parsec Account”) and provide us with some information about yourself. You represent and warrant that: (a) all Parsec Account information you submit to us is truthful and accurate, and (b) you will maintain, and are solely responsible for maintaining, the accuracy of such information.
2.1.Parsec Account Deletion.
You may delete your Parsec Account at any time, for any reason, from the “Account” page on the Parsec Site. Deleting your Parsec Account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing subscriptions or other dues to Unity or its affiliates arising from the Parsec Offerings.
2.2.Parsec Account Termination.
The rights, powers, and responsibilities conferred by this Sub-section 2.2 are in addition to those granted to Unity under Section 9 of these Parsec Terms, and Section 7 of the Unity Terms of Service.
Unity will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Parsec Account or terminate this Agreement and/or your right or ability to access or use any of the Parsec Offerings if: (a) you breach this Agreement; (b) your use of the Parsec Offerings poses a security risk to, or otherwise adversely impacts, Unity, the Parsec Offerings or any third party; (c) your use of the Parsec Offerings subjects Unity, our affiliates or any third party to liability; (d) your use of the Parsec Offerings may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (f) you provide any information that is untrue, inaccurate, not current, or incomplete, or if Unity has reasonable grounds to suspect that any information you provide to us is untrue, inaccurate, not current or incomplete. You agree not to create a Parsec Account or use the Parsec Offerings if you have been previously banned from any of the Parsec Offerings by Unity or by its affiliates.
2.3.Parsec Account Responsibilities.
You are responsible for maintaining the confidentiality of your Parsec Account login information and for all activities that occur under your Parsec Account. You agree to immediately notify Unity of any unauthorized use, or suspected unauthorized use of your Parsec Account or any other breach of security. You are responsible for safeguarding your Parsec Account password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Parsec Account, irrespective of whether you have authorized such activities or actions.
2.4.Ownership of the Parsec Account.
Notwithstanding anything to the contrary in the Agreement, you acknowledge and agree that you shall have no ownership or other property interest in your Parsec Account, and you further acknowledge and agree that all rights in and to your Parsec Account are and shall forever be owned by and inure to the benefit of Unity.
You agree that you are solely responsible for providing all equipment, hardware, and software necessary to connect to the Parsec Offerings, including but not limited to, a mobile device that is suitable to connect with and use the Parsec App.
To use the Parsec App, you must have access to a wireless network. You agree that you are solely responsible for any fees, including Internet connection or mobile fees that you incur when accessing any of the Parsec Offerings.
3.2.Parsec App License.
Subject to your compliance with the Agreement, Unity grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Parsec App on a single mobile device that you own or control and to run such copy of the Parsec App solely for your own personal or internal business purposes.
With respect to any Parsec App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
With respect to any Parsec App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
Subject to your compliance with the Agreement, Unity grants you a limited, non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use, access and download (as applicable) the Parsec Software on computer equipment you own or control solely for your own personal, non-commercial use, including to make your computer available to other individuals on a hosted basis, and solely to stream content that you own or otherwise have the right to use and stream.
Teams and Enterprise
As a subscriber of Parsec “Teams”, a member of a “Team” in Parsec, or as an Enterprise Parsec customer, as expressly subject to your compliance with this Agreement or any governing agreement between yourself and Unity or its affiliates, Unity grants you a limited, non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use, access and download (as applicable) the Parsec Software on computer equipment you own or control to connect to or host sessions for commercial use. Some elements of the Parsec Software may be subject to open-source licenses that we will make available to you upon your request. There may be provisions in such open-source licenses that expressly override some of the terms of this Agreement, and you agree to comply with such terms.
3.4.Updates to Parsec Offerings.
You understand that the products and services included in the Parsec Offerings are evolving. As a result, Unity may require you to accept updates to the Parsec App and/or Parsec Software that you have installed on your computer or mobile device. You acknowledge and agree that Unity may update the Parsec App and/or Parsec Software with or without notifying you. You may need to update third-party software from time to time to use some or all Parsec Offerings. Unless otherwise indicated, any future release, update, or other addition to functionality of the Parsec Offerings will be subject to the Agreement. Finally, you acknowledge and agree that Unity has no obligation under this Agreement to provide patches, updates, new releases, or new versions of Parsec Offerings.
Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) modify, adapt, reverse engineer, decompile, disassemble, make error corrections, or create derivative works of the Parsec Offerings, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are authorized by Unity’s prior written consent, or by law notwithstanding this prohibition; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to the Parsec Offerings to any third party; (c) interfere with, disrupt, or create an undue burden on servers or networks connected to the Parsec Offerings, or violate the regulations, policies or procedures of such networks; (d) harass or interfere with any other user’s use and enjoyment of the Parsec Offerings; (e) use the Parsec Offerings for competitive analysis or to develop a competing product or service; (f) send or otherwise post unauthorized commercial communications (such as junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages) through or using any of the Parsec Offerings, whether commercial or otherwise; (g) use software or automated agents or scripts to produce multiple accounts on the Parsec Offerings, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Parsec Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Parsec Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (h) upload, transmit, or distribute to or through the Parsec Offerings any computer viruses, worms, or any software or malicious code intended to damage or alter a computer system or data; (i) attempt to gain unauthorized access to the Parsec Offerings, or solicit login information or access an account belonging to someone else on the Parsec Offerings; (j) provide any false personal information, or create an account for anyone other than yourself; (k) as further described and expanded on in Sub-section 6.3 below, upload, transmit, display, stream, or distribute User Content or content to the Parsec Site which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties; (l) delete, hide, remove or modify any content made available on the Parsec Offerings other than Your Content (defined below); or (m) do anything that could cause or result in Parsec Offerings being subject to any open-source license (or similar license) that requires as a condition of use, modification or distribution that Parsec Offerings or other software combined or distributed with Parsec Offerings 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 Parsec Offerings, including but not limited to the Parsec App and Parsec Software’s source code and the specific design and structure of individual modules or programs, are confidential and constitute or contain trade secrets of Unity, its affiliates, and their licensors.
3.6.No Support or Maintenance.
Except for the limited support services offered to Parsec Teams and Enterprise subscribers, you acknowledge and agree that Unity will have no obligation to provide you with any support or maintenance in connection with the Parsec Offerings. Technical support may be offered by Unity at its sole discretion as described on the Unity website.
Your subscription, or any or all the Parsec Offerings themselves, may include or be bundled with certain Unity Software, 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.
3.8.Reservation of Rights.
As further detailed, and in addition to Section 4 of the Unity Terms of Service, Unity retains all right, title, and interest in and to the Parsec Offerings. Except for the limited licenses granted in Subsections 3.2 and 3.3 herein, Unity reserves all rights not expressly granted to you in these Parsec Terms.
6.1.Definition and Responsibility.
In addition to the items included in the definition in the Unity Terms of Service, within these Parsec Terms, “Your Content” means any information and content that a user submits to, or uses with, the Parsec Offerings (including content streamed through the Parsec Software, content submitted to message boards, content emailed, transmitted, or otherwise make available through equivalent areas of the Parsec Site). You are solely responsible for Your Content, including owning copies of all games that you host via the Parsec Software. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party.
You hereby represent and warrant that Your Content does not and will not violate the policies described in Sub-sections 3.5 and 6.3 of these Parsec Terms, and that you own or control all necessary intellectual property rights in and to Your Content, including to stream Your Content through the Parsec Software.
You agree not to use the Parsec Offerings to collect, upload, transmit, display, stream, or distribute content (i) that violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (v) that you do not have the right to so collect, upload, transmit, display, stream, or distribute.
Furthermore, you may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by Unity or its affiliates. Unless otherwise specified with respect to a particular offering by Unity, Unity is not obligated to backup any Your Content, and Your Content, to the extent stored on Unity equipment, may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire.
6.4.License to Your Content.
6.5.No Unity Liability for Your Content.
As further outlined in, and in addition to, Section 8 of the Unity Terms of Service, Unity takes no responsibility and assumes no liability for Your Content or for any loss or damage resulting therefrom, nor is Unity liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in Your Content when using the Parsec Offerings. Your use of the Parsec Offerings is at your own risk. In addition, Unity assumes no liability towards third parties’ reasonable expectation that the Parsec Offerings will not contain any content that is prohibited by this Agreement.
Unity reserves the right (but has no obligation) to investigate and/or take appropriate action against you, in our sole discretion, with respect to Your Content if you violate this Agreement. Such action may include removing or modifying Your Content, terminating your Parsec Account in accordance with Sub-section 2.2 hereinabove, and/or reporting you to law enforcement authorities.
If you provide Unity with any feedback or suggestions regarding the Parsec Offerings or otherwise relating to Unity’s business (“Feedback”), you agree that such Feedback shall not constitute your confidential or proprietary information, and hereby assign to Unity all rights in such Feedback. You further agree that Unity will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Finally, you agree that you will not submit to Unity any information or ideas that you consider to be confidential or proprietary.
8.1.Access and Security.
Parsec Software allows users to share access to their computers in order to stream content. You are responsible for Your Content that you make available via the Parsec Offerings as set forth in Section 6 of these Parsec Terms, and you are responsible for determining the appropriate access settings to your computer running any of the Parsec Offerings for individuals you invite to access your computer using the Parsec Offerings. THE SOFTWARE COMPRISED IN THE PARSEC OFFERINGS FUNCTIONS BY ALLOWING GUESTS ACCESS TO CERTAIN FUNCTIONS OF THE HOST COMPUTER, SUCH AS THE MOUSE AND KEYBOARD. THE RELEVANT DEFAULT SOFTWARE SETTING RESTRICTS GUEST ACCESS TO ONLY THOSE FUNCTIONS NECESSARY FOR THE PROPER PERFORMANCE OF THE RELEVANT SOFTWARE INCLUDED IN THE PARSEC OFFERINGS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATE LEVEL OF ACCESS TO YOUR COMPUTER, AND FOR ANY CONSEQUENCES, INCLUDING LOSS OF DATA, VIRUS OR MALWARE INFECTION, UNAUTHORIZED USE, OR OTHER ACTS OF INDIVIDUALS WHO YOU ALLOW TO ACCESS YOUR COMPUTER THROUGH THE PARSEC OFFERINGS. .
As further outlined in Section 6 of these Parsec Terms, Parsec does not monitor and is not responsible for Your Content or content that is streamed by you over the Parsec Offerings or any loss or damage that results from its use to share computers. You are solely responsible for Your Content. Unity makes no guarantees regarding the accuracy, currency, suitability, or quality of Your Content or any other content provided by other users. Your interactions with other users are solely between you and such users. You agree that Unity will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, Unity is under no obligation to become involved or otherwise intervene.
9.Term and Termination
This Agreement will remain in full force and effect while you use any Parsec Offerings. You hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Parsec Offerings or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any Parsec Offerings, unless earlier terminated in accordance with the Agreement.
Subscriptions for the Parsec Offerings will remain in effect for the subscription period specified in Parsec or Unity’s systems, and thereafter will automatically renew at the then-current list price, unless you or Unity terminate or cancel it, as applicable. For clarity, subscriptions for the Parsec Offerings are not refundable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
In the event of any suspension, disablement or termination, you acknowledge that: (i) Unity will have no further obligation to provide the Parsec Offerings to you; (ii) all rights granted to you under the Agreement will immediately cease; and (iii) you may no longer access any of Your Content that was previously submitted via any of the Parsec Offerings or that was related to your Parsec Account, and Unity will have no obligation to maintain or forward you Your Content. If Unity suspends, disables, or terminates due to your breach of this Agreement, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to Unity (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination.
You acknowledge and agree that the availability of any Parsec mobile application, including the Parsec App, is dependent on the third-party from whom you received the application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and Unity and not with the App Store or App Store provider. Unity, not the App Store, is solely responsible for the Parsec Offerings, the content thereof, maintenance, support services, and warranty therefore granted by this Agreement, and for addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Parsec Offerings. You agree to comply with and understand that this Agreement is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the relevant Parsec Offerings. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
10.2.Additional Terms for Apple App Store.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application; (ii) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Unity and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Unity, subject to this Agreement.
You and Unity acknowledge that, as between Unity and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Unity acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Unity and Apple, Unity, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application
10.3.Parsec Payment Processor.
11.1.Arbitration Addition and Opt-Out Mechanism.
In addition to the items included in the arbitration exceptions listed at Sub-section 11.3 of the Unity Terms of Service, these Parsec Terms add claims of defamation and violation of the Computer Fraud and Abuse Act, subject to the remainder of this Agreement.
You have the right to opt out of Sub-section 11.2 of the Unity Terms of Service, and of this Sub-section 11.1 (the “Arbitration Clause”) by sending written notice of your decision to opt out to: firstname.lastname@example.org, within thirty (30) days after first becoming subject to this Agreement. Your notice must include your name and address, your Parsec or Unity username (if any), the email address you used to set up your Parsec Account or Unity Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Clause. If you opt out of this Arbitration Clause, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Clause has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
The Parsec Offerings may be subject to U.S. export control laws and may be subject to export or import laws and regulations in other countries. You agree to comply fully with all export laws and regulations to ensure that neither the Parsec App or Parsec Software, 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.
11.3.U.S. Governments Rights.
To the extent any of your Enterprise or Teams users are government entities, the following terms apply: the Parsec App and Parsec Software, and associated 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 Parsec App and Parsec Software, and/or associated 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 Parsec App and Parsec Software, and/or associated 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.
If you are a California resident, you may report complaints regarding Unity or its affiliates to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
You agree that all terms and conditions, agreements, notices, disclosures, and other communications that Parsec provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
The section and sub-section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. The word “may” mean “has the right, but not the obligation, to”. Your relationship to Parsec is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Parsec’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Parsec may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
If you are a subscriber of Parsec “Teams” you grant to Unity the right to use your trade name and/or logo on our website and marketing materials to designate, you as a Unity Parsec customer for the purpose of marketing and promoting the Parsec Offerings.
Unity Technologies SF
Attn: Legal Department
Address: 30 3rd Street
San Francisco, CA 94103