Unity ArtEngine Additional Terms

Effective as of June 8, 2020

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

ArtEngine is provided by Artomatix Limited, and if you use ArtEngine you are entering into an agreement with Artomatix Limited. Accordingly, "Unity" as used throughout the Agreement in connection with ArtEngine means Artomatix Limited.

1.  Use Rights.

1.1  ArtEngine.

  • Subject to your compliance with this Agreement and payment of all applicable subscription fees, Unity grants you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to install and execute ArtEngine solely for internal use by a single Authorized User to develop an internal library of Content for your Projects and distribute such Content solely as an embedded component of your Projects.
  • Your subscription to use ArtEngine 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. 
  • Each subscription to use ArtEngine may be accessed and used by one (1) Authorized User on one (1) computer for the permitted purposes set forth in this Section 1.1. Notwithstanding the foregoing, ArtEngine may be installed on a second computer solely for use by the same Authorized User assigned that subscription. 
  • Except as otherwise set forth in this Section 1.1, Unity retains all right, title and interest in and to ArtEngine. Unity reserves all rights not expressly granted to you in these ArtEngine Terms.

1.2  Your Users

If you are a Legal Entity, you may allow your Authorized Users to exercise your rights hereunder, provided you have purchased a sufficient quantity of ArtEngine subscriptions for each individual Authorized User. All use of ArtEngine, including any third party exercise of your rights hereunder, is subject to these ArtEngine Terms. You remain responsible for any breach of these ArtEngine Terms by your Authorized Users.

1.3  Content.

You are solely responsible for any and all Content you upload to ArtEngine, and you represent and warrant that you own or control all necessary intellectual property rights in and to any such Content. To the extent that you own all necessary rights, titles, and interests in and to the Content, such rights remain with you.  You hereby grant Unity a limited, non-exclusive, transferable, royalty-free, fully paid-up and revocable license to reproduce, perform and display, and facilitate the reproduction, performance, and display of, the Content in order to provide services to you hereunder.

1.4  Standalone Software.  

You may use ArtEngine together with the Unity Pro version of the Unity Software, but you do not need Unity Pro in order to use ArtEngine.  Your use of Unity Pro is subject to the Unity Software Additional Terms

2.  Third Party Software.

ArtEngine incorporates or is bundled with Third Party Software governed by separate terms, including open source licenses. Such Third Party Software terms are identified in the README file bundled with ArtEngine and incorporated into this Agreement by reference. You agree that you have reviewed and accepted those terms and that your use of ArtEngine 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) modify, adapt, reverse engineer, decompile, disassemble, make error corrections, or create derivative works of ArtEngine; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to ArtEngine to any third party; (c) directly or indirectly make the functionality of ArtEngine available to multiple users or third parties through any means, including but not limited to by uploading ArtEngine 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 ArtEngine for competitive analysis or to develop a competing product or service; or (e) do anything that could cause or result in ArtEngine being subject to any open source license (or similar license) that requires as a condition of use, modification or distribution that ArtEngine or other software combined or distributed with ArtEngine 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 ArtEngine, 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 ArtEngine, 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 ArtEngine, you expressly acknowledge and accept Unity's Privacy Policy. Particularly, you acknowledge that ArtEngine may send data to Unity to: (a) check for updates; (b) provide aggregated usage statistics of, and crash reporting related to, your use of ArtEngine; and (c) validate ArtEngine subscriptions in order to prevent unauthorized use.

You understand that data may be transferred to another Unity entity or third-party service provider in a jurisdiction other than that in which you reside and that jurisdiction may have data protection laws that are different from those in which you reside.  If that occurs, Unity will ensure that it utilizes or enters into an appropriate transfer mechanism in accordance with the Unity Privacy Policy and applicable laws in your jurisdiction.

5.  Support.

You may access the online support materials via the Support Portal. You may also email artengine-support@unity3d.com for assistance with your subscriptions. 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 ArtEngine.

6.  Term.

Evaluation. Evaluation Subscriptions are valid for a period of 14 days.  At the end of the 14 day period, you may either purchase a subscription for ArtEngine, or you must immediately delete and destroy or return to Unity all copies of ArtEngine in your possession or control

Subscriptions. Subscriptions for ArtEngine 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 authorized by Unity, unless you terminate and cancel it as described on the Site. For clarity, subscriptions for ArtEngine 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 ArtEngine in your possession or control.

 

7.  U.S. Government Rights.

To the extent any of your Authorized Users are government entities, the following terms apply: ArtEngine 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 ArtEngine 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 ArtEngine 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 ArtEngine 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.  Feedback

If you provide Unity with any ideas, proposals, suggestions, feedback or materials relating to ArtEngine or otherwise relating to Unity’s business (“Feedback”), you agree that such Feedback will not constitute your Confidential Information, and hereby grant to Unity a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use and exploit such Feedback for any purpose.  Note that if you have a Power User Subscription, your use of ArtEngine is contingent on your provision of Feedback.

10.  Additional Definitions.

ArtEngine means the software offering described here, including all versions and updates that Unity makes generally available during your subscription term.

Authorized User means, if you are a Legal Entity, your employees, and employees of your affiliated entities, or third-party contractors who are testing, developing and operating your Unity Software content on your behalf. Your number of Authorized Users are stipulated in the Order Form. 

Content” means the data or other content that you upload, optimize, process and view in connection with your utilization of ArtEngine.

Documentation” means the instructions, requirements, guidelines and other documentation for ArtEngine 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).

Evaluation Subscription” means a subscription for short term evaluation of ArtEngine only.

Legal Entity means any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture or other form of business organization, including any government, non-profit, educational or academic institution.

Order Form” means Unity’s standard ordering document or other mutually agreed ordering document.

Power User Subscription” means a subscription to use ArtEngine in consideration of providing Feedback.

Project” means one or more of your project(s) developed using ArtEngine, inclusive of applications, user interfaces, services, platforms and any other developed content or functionality which utilizes any portion of ArtEngine, whether or not ultimately commercialized or distributed by you.

Support Portal means the site available here.

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

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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