Unity Simulation Services Additional Terms
Last updated: March 23, 2022
The Unity Simulation Service is provided by Unity Technologies SF, and if you use Unity Simulation Service you are entering into an agreement with Unity Technologies SF. Accordingly, "Unity" as used throughout the Agreement in connection with the Unity Simulation Service means Unity Technologies SF.
(Certain capitalised terms defined in Section 8)
1. Unity Simulation Service Offerings
1.1 Unity provides various cloud-based and on-premise services allowing you to run, subject to the Capacity Limit, Simulations and to receive data resulting therefrom, as well as software (e.g., SDK, secure file drop, APIs) for the services provided by Unity in connection with your access to and use of the services (collectively, the “Unity Simulation Service”).
1.2 Unity may offer various Unity Simulation Service plans with different features and fees, including metered billing. 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 Unity Simulation Service 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.
1.3 You acknowledge and agree that any "beta" version of a Unity Simulation Service is still in development, unfinished, may have bugs, and may not work as intended.
1.4 You acknowledge and agree that Unity does not commit to or promise any general or specific results of any kind by your access to and use of the Unity Simulation Service and that Unity has no obligation to provide any support in connection with the Unity Simulation Service, nor any patches, updates, new releases, or new versions.
1.5 In the event that the Unity Simulation Service or any Unity Simulation Service plan is bundled with other Unity products and services (“Bundled Services”), these Unity Simulation Service Terms will govern your use of the Unity Simulation Service, unless provided otherwise in writing by Unity. And unless otherwise stated in writing by Unity, the Unity Simulation Service will be activated at the time when you first activate any one of the Bundled Services. Unity reserves the right to make any changes to the Bundled Services at any time without notice.
1.6 Embedded Software Restriction. You may not directly or indirectly distribute software or licenses provided as part of any Unity Simulation Service without a separate license grant from Unity as set forth in Section 1.7 below.
1.7 Unity Simulation Pro OEM. If you purchase the Unity Simulation Service known as Unity Simulation Pro OEM through special arrangement with Unity, the following applies:
- Conditioned upon your compliance with the terms and conditions of this Agreement and payment of all applicable fees, Unity hereby grants you a limited, worldwide, non-exclusive right to integrate and embed the runtime of the Unity Simulation Service known as Unity Simulation Pro OEM in one (1) Licensed Device developed by or for you.
- You represent and warrant that your use of Unity Simulation Pro OEM in the Licensed Devices will not constitute the primary functionality of any such Licensed Device. Other than in the case of Unity’s termination for your material breach of the Agreement, following any expiration or termination of the Agreement, you may continue to publish and distribute Unity Simulation Pro within any Licensed Device into which Unity Simulation Pro was embedded prior to such expiration or termination, subject to the reporting requirement set forth in Section 1.7(c) below. Your use of any Unity Offering as embedded software in any other devices or systems other than the Licensed Devices as described herein will be subject to separate license and fees as separately agreed to by the parties.
- In the event that Customer continues to publish and distribute the Unity Simulation Pro OEM after expiration or termination of the Agreement in accordance with Section 1.7(b) above, you will provide Unity with a reporting statement setting out in writing all information reasonably necessary for Unity to issue an invoice for a Unity Simulation Pro OEM license for each Licensed Device within 10 days of such expiration or termination.
- You agree and acknowledge that: (a) your license to Unity Simulation Pro OEM is contingent upon also having Unity Simulation Pro and Unity Pro licenses and (b) UTECH has no obligation under this Agreement to provide patches, updates, new releases, or new versions of the Unity Simulation Pro runtime once it has been embedded in a licensed device subject to the Unity Simulation Pro OEM license.
2.1 In order to use the Unity Simulation Service, you need a Unity Account (or other account(s) as directed by Unity).
2.2 During any Unity Simulation Service registration process, you may be required to provide certain information in addition to the information you provided when registering for your Unity Account.
2.3 You are responsible for maintaining the security of all logins, passwords, and other credentials issued to or created by you, or otherwise held by you applicable to the Unity Simulation Service ("Credentials"). You are also responsible for any and all activities that occur on, through, or under Credentials or otherwise in connection with Project Binaries or your account; and you agree that Unity is not responsible for any such activities. You acknowledge that this includes use of any service panel or other interface that allows for configuration, management, monitoring, and implementation of the Unity Simulation Service. You also agree to notify Unity immediately of any unauthorized use of any such account or Credentials, as well as any other security breach related to your account, Credentials, or use of the Unity Simulation Service.
2.4 Access and use of certain Unity Simulation Service plans may require the installation of Unity’s Closed Network Licensing Server and Customer agrees to install the Unity Closed Network Licensing Server upon UTECH’s request.
3. Use Rights
3.1 During the Term, Unity will provide the Unity Simulation Service as set forth herein and in the applicable SLA(s), and you may use the Unity Simulation Service in accordance with this Agreement. Accordingly, subject to your compliance with. the terms and conditions of this Agreement and payment of all applicable fees, Unity grants to you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Unity Simulation Service solely as provided for in the Documentation and solely to run Simulations. For clarity, the grant of license applies only so long as you have a current subscription to the Unity Simulation Service and otherwise remain in compliance with the Agreement. Unity reserves all rights not expressly granted under these Unity Simulation Service Terms
3.2 Notwithstanding anything else in the Agreement, to the extent that the Unity Simulation Service or any part thereof incorporates or is bundled with any third-party software, that third-party software will be governed exclusively by the terms and conditions governing that software.
3.3 You grant Unity a limited, worldwide, non-exclusive, transferable, sublicensable, and royalty-free license to the Project Binaries for the sole purpose of providing the Unity Simulation Service to you.
3.4 You must have, and you represent and warrant that you do have, all ownership, releases, consents, licenses, or other rights (collectively “Consents”) required for Unity to exercise the licenses granted to it under these Unity Simulation Service Terms, including for Project Binaries and for Feedback. You are solely responsible for any costs associated with obtaining Consents.
3.5 You will not, directly or indirectly, encourage or engage in any of the following prohibited activities:
(i) using “web crawlers”, bots, or other types of software or hardware technology to download automatically materials from the Unity Simulation Service other than via the Unity Simulation Service’s officially supported interfaces;
(ii) accessing, searching, or attempting to use any part of Unity Simulation Service other than via Unity Simulation Service’s publicly supported interfaces;
(iii) attempting to probe, to scan, or to test the vulnerability of any part of Unity Simulation Service;
(iv) abusing referrals or promotions or other activity to get more entitlements than deserved--e.g., more capacity or other features/functionality;
(v) attempting to circumvent any Capacity Limit, user or storage limits, or other license, timing, or use restrictions associated with Unity Simulation Service, or attempting to interfere with Unity's ability to audit or track such restrictions;
(vi) breaching, or attempting to breach, any security or authentication measures;
(vii) using Unity Simulation Service to provide or assist any content delivery network functionality;
(viii) selling, reselling, renting, leasing, sublicensing, distributing, or otherwise supplying or providing access to any part of Unity Simulation Service to third parties without Unity’s separate, prior written consent;
(ix) attempting to modify, to copy, or to create derivative works of any part of Unity Simulation Service;
(x) reverse engineering, disassembling, or decompiling any part of Unity Simulation Service or attempting to derive the source code of any part of Unity Simulation Service (except to the extent otherwise permitted by applicable law);
(xi) providing data or materials to Unity, or accessing or using the Unity Simulation Service in any manner, that would violate any law or any intellectual property or privacy/personality right of any person;
(xii) attempting to interfere with or disrupt any network or computer system related to Unity Simulation Service (e.g., by overloading Unity’s network infrastructure);
(xiii) disclosing the results of any benchmarking of the Unity Simulation Service, without the prior written consent of Unity;
(xiv) accessing or using the Unity Simulation Service to develop or to build any competitive product or service using similar ideas, features, functions, UI, or UX of the Unity Simulation Service;
(xv) creating Internet “links” to the Unity Simulation Service or the Site that are not associated with, connected, or related to the Unity Simulation Service or the Site;
(xvi) using the Unity Simulation Service in a manner that overburdens or threatens its integrity, performance, or availability (including any APIs);
(xvii) introducing any viruses, worms, defects, malware, or any item of destructive nature though any of the Unity Simulation Service or Project Binaries; or
(xviii) using the Unity Simulation Service in any way that results in a violation of the Agreement, including restrictions on the combination or integration of Project Binaries developed with one tier of the Unity Software with any Project Binaries developed with another tier.
You acknowledge that Unity reserves the right to suspend or to terminate your ability to access and to use the Unity Simulation Service in the event you violate any of these restrictions.
For clarity, in the event that you have purchased a license to access or use Unity Source Code pursuant to a separate Agreement, such access and use rights do not extend to any Unity Simulation Services offerings. You agree and acknowledge that you have no right to access, use, modify, or reproduce the source code for any Unity Simulation Service.
Unity reserves the right to audit your use of the Unity Simulation Service for compliance with the Agreement in accordance with Section 6 of the Unity Terms of Service.
4. Personal Data
4.1 Neither you nor Unity will communicate any data to the other in connection with the Unity Simulation Service that constitutes Personal Data of any individual other than of its employees (or you if you are an individual) as necessary under these Unity Simulation Service Terms.
4.2 In the event that you wish to provide Unity with any Personal Data other than as contemplated under Section 4.1, then both parties agree to pursue in good faith a “Data Protection Agreement” as required under Data Protection Laws.
The provisions of this Section 4.2 are without limitation or prejudice to any other remedies provided at law.
Unity reserves the right, at its sole discretion, to modify, to suspend, or to discontinue any promotions, campaigns, discounts, or any other advertisements (collectively and separately, “Promo(s)”) that promote the Unity Simulation Service, Bundled Services, and/or any of its plans and features. Unity encourages you to review all terms and conditions of the Promos to ensure that you are able to take full advantage of them.
6. Changing Your Plan (Upgrading or Downgrading Your Plan)
You may have the opportunity to upgrade or downgrade your plan, depending on your plan's billing cycle. Unless otherwise stated by Unity, any change to your plan (upgrading or downgrading) will take effect upon the next billing cycle of your new plan. By way of example, if you select a monthly plan, the change to your plan will take effect the next month’s billing cycle.
7. Account Termination
7.1 Subscriptions for any On-Prem/Private Cloud Service will remain in effect for the initial subscription period, and thereafter such subscription will automatically renew in accordance with your original payment frequency and commitment period at the then-current list price for such plan, or as otherwise authorized by Unity, unless you select a different available renewal option (i.e., payment frequency and/or commitment period) in your account (for subscriptions purchased online), otherwise change or renew your subscription plan, or terminate and cancel it as described in Section 7 of the Unity Terms of Service prior to the end of your current commitment period. Additional On-Prem/Private Cloud Service subscriptions purchased during the initial subscription term will co-terminate with the initial subscription term. Thereafter, if applicable, all subscriptions will automatically renew in accordance with this Section.
For clarity, subscriptions for an On-Prem/Private Cloud Service 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 the On-Prem Service materials in your possession or control.
If you wish to have your On-Prem/Private Cloud Service terminated, you must provide notice to Unity at least sixty (60) days prior to the end of your current subscription term, to be effective on the last day of your current subscription term.
7.2 For Unity Simulation Services that are not On-Prem/Private Cloud Services, if you wish to have your Unity Simulation Service account terminated, you may submit a support ticket to the following applicable email addresses and request that your account be terminated:
- For Unity Simulation: email@example.com
- For Unity Simulation Pro: firstname.lastname@example.org
7.3 You understand and acknowledge that your ability to access and to use the Unity Simulation Service will terminate in accordance with your plan or earlier in the event of any breach of the Agreement. You will no longer be able to access any submitted Project Binaries or Simulations data on termination, and Unity may delete those Project Binaries and Simulations data. Unity will not be liable to you or any third party in connection with any termination or any deletion of Project Binaries or Simulations data. Furthermore, on termination Unity will have no obligation to maintain any other information or data stored in our databases related to your Unity Simulation Service account.
You are not required to provide Feedback to us, but in the event you do so, you grant to Unity a perpetual, worldwide, non-exclusive license to use and to exploit freely (including by the granting of sublicenses) any Feedback without any obligation to account or to pay any fees or royalties. Further, to the extent not licensable under applicable law, you agree to the greatest extent permitted by applicable law to waive or to refrain from, and to cause your employees to waive and to refrain from, asserting any "moral rights" or like rights in and to any Feedback.
"Bundled Services" has the meaning set forth in Section 1.5.
“Capacity Limit” means that number of compute hours, gigabytes of storage, and gigabytes of data egress permitted by your plan.
"Consents" has the meaning set forth in Section 3.4.
"Credentials" has the meaning set forth in Section. 2.3.
“Closed Network Licensing Server” means additional software product that enforces render unit usage in accordance with the then current customer license agreement.
“Data Protection Laws” mean any data protection laws applicable to Processing of Personal Data, including, without limitation, the EU “General Data Protection Regulation” and all privacy and security laws, rules, and regulations of any applicable jurisdiction, including those in which your or Unity's products or services are provided or rendered, or in which a party has offices.
“Documentation” means the instructions, requirements, guidelines, and other documentation for the Unity Simulation Service made available via the Site or as otherwise separately provided by Unity (such instructions, requirements, guidelines, and documentation may be modified and updated from time to time in Unity’s discretion).
“Feedback” means any feedback, suggestions, or enhancements you provide to Unity or its affiliates about the Unity Simulation Service or any other Unity product or service, including feedback, suggestions, or enhancements you post to the Site or other forums or properties owned or maintained by Unity.
“Licensed Device(s)” means the Render Unit into which Customer intends to incorporate the Unity Simulation Pro runtime.
"On-Prem/Private Cloud Service" means any version of a Unity Simulation Service that is delivered for use on a customer's internal servers or private cloud environment, rather than using Unity's managed cloud offering.
“Personal Data” (aka personal information) has the meaning set out in the Data Protection Laws.
“Processing” has the meaning set out in the Data Protection Laws.
“Project Binaries” means compiled games, applications, software, or other content, and all parameter information and data that you are permitted to upload, store, or transmit to the Service for the purpose of running Simulations.
"Promos" has the meaning set forth in Section 4.
“Render Unit” means either 1 Graphics Process Unity (GPU) or 25 Central Processing Units (CPU).
“Simulations” means parameterized simulations of Project Binaries, according to your specific plan.
"SLA" means each of the then-current service level agreements found here.
"Unity Simulation Service" has the meaning set forth in Section 1.1.