Unless you have entered into a separate agreement with Unity governing the Industry Offerings, your use of the Industry Offerings is subject to these Industry Terms (the “Industry Terms”), which supplement and are incorporated into the Unity Terms of Service. The Additional Industry Offerings and any related services are supplied by Unity Technologies SF.
By downloading, installing or using the Additional Industry Offerings in any manner, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Industry Terms. If you do not agree with these Industry Terms, you are not authorized to use the Additional Industry Offerings in any manner.
“Additional Industry Offering(s)” means, individually or collectively, the services set forth on the “Industry” or “Digital Twins” Product page or as otherwise identified and made available to you as “Industry” products (including, but not limited to, Unity Reflect, Unity VisualLive, PiXYZ suite, etc.)
- Use Rights
1.1. General Software License Grant.
The scope and limitations on your right and license to access and use the Additional Industry Offerings are as follows:
Conditioned upon your compliance with these Industry Terms and the Terms, and payment of all applicable fees, Unity grants you a non-exclusive, non-transferable, royalty-free right to, during the applicable term and in connection with creating, distributing and publishing User Content and/or Projects, in each case as applicable to the relevant Industry Offering:
(a) install and execute the executable form of any Industry Offering;
(b) distribute the runtime portion of the Industry Offering as an integrated part of your Project and/or User Content solely as embedded or incorporated into your Project, and solely to third parties to whom you license or sell your Project pursuant to an agreement that is no less protective of Unity and its licensors and service providers than this Agreement; and
(c) modify the Industry Offering source code (if such source code is made available to you as part of the Industry Offering) in accordance with section 1.3 and compile builds against it.
In addition, You and your Authorized Users, if applicable, may, during the applicable term, in compliance with these Industry Terms and the Terms, and in connection with creating, distributing and publishing User Content and Projects:
(a) if you purchase a Forma Pro license, prepare configurator builds in Unity Forma for use as a runtime version of Unity Forma Render Studio and distribute your runtime Unity Forma Render Studio configurator.
(b) with respect to Unity Reflect, authorize multiple concurrent Viewer Users to access and view User Content via Unity Reflect Viewers. “Unity Reflect Viewer” means an application that end users download to their devices in order to access and view User Content processed by Unity Reflect. “Viewer User” means the end user who accesses and views User Content via a Unity Reflect Viewer.
(c) If you have a Unity Reflect Develop License, you may distribute up to ten (10) Unity Reflect Viewer licenses to users within your legal entity, solely for non-commercial use and for internal testing and evaluation purposes.
(d) The PiXYZ software is protected by an anti-copy technical device in the form of a digital key (“Key”). If you have a “node-locked” subscription, an Authorized User may send a written request no more than two (2) times per calendar year to Unity for a new Key due to change of computer or operating system. In such request, the Authorized User must attest that the PiXYZ software is no longer used on the previous computer or operating system and provide identification documents.
Unity may make available to you Industry Plug-Ins. “Industry Plug-Ins” means add-ons to import User Content into Unity Software. Notwithstanding the Software restrictions set forth in the Terms, you may use Unity Materials related to a Industry Offering to create and distribute custom Industry Plug-Ins or Viewer App access solely for your internal, non-commercial use. Such custom Industry Plug-Ins and Viewer Apps are considered Projects.
- Physical Products
If you purchase physical products such as hard-hat clips or headsets (“Physical Products”) from Unity, Unity will arrange for shipment of the Physical Products to you. You will be responsible for all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon Unity’s transfer of the Physical Products to the carrier. You acknowledge that shipping and delivery dates are estimates only and cannot be guaranteed. Unity is not liable for any delays in shipments.
You agree and acknowledge that the Physical Products are not intended to, nor have they received, the necessary certifications or approvals, as applicable, to be compliant with the rules, regulations, and/or guidelines, as applicable, of the Occupational Safety and Health Administration (“OSHA”), the American National Standards Institute, or any OSHA Nationally Recognized Testing Laboratory.
Notwithstanding the ”Disclaimers” and “Limitations on Liability” Sections of the Terms, in no event will Unity have any liability (directly or indirectly) for any injury to individuals or property as a result of the ownership, possession or use of any Physical Product manufactured, sold, leased or delivered by Unity.
ALWAYS BE AWARE OF YOUR SURROUNDINGS WHEN USING THE PHYSICAL PRODUCTS. VIRTUAL AND AUGMENTED REALITY IMPLY CERTAIN RISKS ESPECIALLY WHEN USED IN OUTDOOR SPACES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PHYSICAL PRODUCTS IS AT YOUR SOLE RISK. PLEASE ENSURE THAT ALL USERS OF THE PHYSICAL PRODUCTS READ THE WARNINGS AND INSTRUCTIONS PROVIDED IN THE DOCUMENTATION CAREFULLY BEFORE USING THE PHYSICAL PRODUCTS. FAILURE TO FOLLOW THIS INFORMATION MAY RESULT IN DAMAGE TO THE PHYSICAL PRODUCTS, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING THE PHYSICAL PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THE DOCUMENTATION (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH THE DOCUMENTATION.