Unity Build Server Additional Terms

Last updated: July 15, 2020

Your use of Unity Build Server is subject to these Additional Terms (the “Unity Build Server Terms”), which supplement and are incorporated into the Unity Terms of Service.  By downloading, installing or using Unity Build Server in any manner, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Unity Build Server Terms.  If you do not agree with these Unity Build Server Terms, you are not authorized to use Unity Build Server in any manner. 

For clarity, the Unity Software Additional Terms do not apply to your use of Unity Build Server.

1. Use Rights. 

 1.1 Unity Build Server.

The “Unity Build Server” is an enhanced subscription that gives you additional rights and certain technology to manage your use of the Unity Editor Software by running it in batch-mode (i.e., so that it is accessible only through command-line interface) so that it can only be used for the purpose of building your Project Content. 

Accordingly, subject to your continued compliance with the terms and conditions of this Agreement, Unity grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to use Unity Build Server to manage the use of the Unity Editor Software, installed on a specified number of concurrent Machines (as permitted by your Unity Build Server subscription), for the sole purpose of generating “builds” of your Project Content.  Except as otherwise set forth in this Section 1.1, Unity retains all right, title and interest in and to Unity Build Server and reserves all rights not expressly granted to you herein. 

1.2 Tier Restrictions.

Your Unity Build Server subscription tier (e.g., Unity Pro Build Server, Unity Enterprise Build Server) must match the Unity Software subscription tier used to create your Project Content (e.g., Unity Pro or Unity Enterprise Plan). You may not use Unity Build Server with the Unity Plus or Unity Personal tiers of the Unity Software. 

For clarity, except as explicitly set forth herein with respect to using Unity Build Server to manage the Unity Editor Software, these Unity Build Server Terms do not modify your rights to use the Unity Software in any way. 

2. Third Party Software. 

Unity Build Server may incorporate or be bundled with Third Party Software governed by separate terms, including open source licenses. In such an event, the Third Party Software terms will be identified in the README file bundled with Unity Build Server and incorporated into this Agreement by reference. You agree that you have reviewed and accepted those terms and that your use of Unity Build Server will be deemed acceptance thereof.

3. Restrictions.

Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify or create derivative works of the Unity Build Server; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to the Unity Build Server to any third party; (c) directly or indirectly make the functionality of the Unity Build Server available to multiple users or third parties through any means, including but not limited to by uploading the Unity Build Server to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other technology or service; (d) use the Unity Build Server for competitive analysis or to develop a competing product or service; or (e) do anything that could cause or result in the Unity Build Server being subject to any open source license (or similar license) that requires as a condition of use, modification or distribution that the Unity Build Server or other software combined or distributed with the Unity Build Server be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. You acknowledge and agree that portions of the Unity Build Server, including but not limited to the source code and the specific design and structure of individual modules or programs, are confidential and constitute or contain trade secrets of Unity and its licensors. Accordingly, you agree not to disassemble, decompile, modify or reverse engineer the Unity Build Server, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by this Agreement or by law notwithstanding this prohibition. 

4. Privacy

By accessing and using Unity Build Server, you expressly acknowledge and accept Unity's Privacy Policy. Particularly, you acknowledge that Unity Build Server may send data to Unity to: (a) check for updates; (b) provide aggregated usage statistics of, and crash reporting related to, your use of Unity Build Server; and (c) validate Unity Build Server subscriptions in order to prevent unauthorized use.    

You acknowledge and agree that Unity may deliver messages and contact you about Unity Build Server and other Unity product and service offerings.

5. Support.

You may access the online forums and the Unity Answers knowledge base through the Site. You may also email support@unity3d.com for assistance with your subscription. Technical support may be offered by Unity at its sole discretion as described on the Unity website. You acknowledge and agree that Unity has no obligation under this Agreement to provide patches, updates, new releases or new versions of Unity Build Server. 

6. Term.

Subscriptions for Unity Build Server will remain in effect for the initial subscription period, and thereafter such subscription will automatically renew at the then-current list price, or as otherwise agreed with Unity, unless you terminate and cancel it as described on the Site. For clarity, subscriptions for Unity Build Server are not cancelable during the applicable subscription term and are non-refundable. Upon termination, you must at Unity’s option either promptly delete and destroy or return to Unity all copies of Unity Build Server in your possession or control.

7. U.S. Government Rights.

To the extent any of your Users are government entities, the following terms apply: Unity Build Server and the 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 Unity Build Server 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 MARS 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.

8. Export Law.

You agree to comply fully with all export laws and regulations to ensure that neither Unity Build Server 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.

9. Additional Definitions.

Documentation” means the instructions, requirements, guidelines and other documentation for Unity Build Server made available via the Sites or otherwise by Unity (as such instructions, requirements, guidelines and documentation may be modified and updated from time to time). 

Machine” means a computer or computer program that is configured to: (a) access your network in order to check Unity Build Server subscriptions out/in from a shared pool; and (b) run Unity Pro in the batch-mode that Unity Build Server unlocks. 

"Project Content" means games, applications, software or other content you develop with Unity Pro.

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

Unity Build Server” has the meaning set forth in Section 1.1.

Unity Editor Software” means the executable form of the authoring environment provided by the Unity Software. 

Unity Software” means all versions and updates of the downloadable Unity Pro, Unity Plus and Unity Personal software products identified on Unity’s website.

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