Unity Forma Additional Terms

Last updated: January 8, 2021

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

1. Use Rights.

 1.1 Unity Forma.

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 do all of the following solely in connection with creating, distributing and publishing your Forma Content in conjunction with the Unity Software:

  • install and execute the executable form of the Unity Forma authoring environment; 

  • distribute the runtime portion of Unity Forma intended for distribution as an integrated part of your Forma Content in accordance with your rights to distribute the Unity Runtime;

  • modify the Unity Forma Source Code and compile builds against it for use in accordance with these Unity Forma Terms, subject to the following: (i) you do not distribute the Unity Forma Source Code to anyone other than your Users; (ii) you agree to take all the security precautions with the Unity Forma Source Code as you take to protect your own source code and other trade secrets; (iii) you are solely responsible for any modifications your Users make to the Unity Forma Source Code; and (iv) to the extent you share any Unity Forma Source  Code modifications in binary form with any party other than your Users, you hereby assign and agree to assign to Unity all right, title and interest in and to such Unity Forma Source Code modifications (for clarity, you will continue to have the right to use such Unity  Forma Source Code modifications in accordance with these Unity Forma Terms). Should assignment be invalid for any reason, you hereby grant to Unity an irrevocable, perpetual, worldwide, non-exclusive, no-charge, and royalty-free license (with the right to grant sublicenses) to such Unity Forma Source Code modifications; 

  • allow your Users to exercise the foregoing rights on your behalf.

For clarity, your use of companion code that is compatible with Unity Forma, but does not modify Unity Forma Source Code, shall not be subject to these Unity Forma Terms.

Except as otherwise set forth in this Section 1.1, Unity retains all right, title and interest in and to Unity Forma. Unity reserves all rights not expressly granted to you in these Unity Forma Terms. 

1.2  Subscription Types.

  • Floating.  Any Unity Forma subscription designated in Unity’s system as a “floating” subscription may be used on multiple devices and shared globally among multiple Unity Forma Users, subject to the following: the number of concurrent Users may not, at any given time, exceed your total number of floating Unity Forma subscriptions (whether such Users are using Unity Forma offline or on a dedicated basis or otherwise).

  • Node-Locked.   Any Unity Forma subscription designated in Unity’s systems as a “node-locked” subscription may be accessed and used by one (1) User on both a primary and secondary computer or operating system, solely for that User’s convenience, but only for use by that User.  For the sake of clarity, a User may only use one installation at any given time. Unity may in its sole discretion authorize you to install Unity Forma on additional computers or operating systems upon deactivation of Unity Forma installed on existing computers. 

  • Per Brand.  Any Unity Forma subscription designated in Unity’s systems as a “per-brand” subscription may be used by an unlimited number of Users performing services in connection with a total of one (1) brand as defined by your product nameplates (for clarity, each User must have an active, valid subscription to use the Unity Software throughout the subscription term, accordance with Section 1.3).

1.3 Unity Account and Unity Software Required.

Each User must have a Unity Account, as set forth in Section 2 of the Unity Terms of Service, in order to use Unity Forma. Depending on your subscription type, access may be granted to your Users either through your Unity Account or by your organization’s network administrator. 

Each User must have an active, valid subscription to use the Unity Software throughout the subscription term in order to access and use Unity Forma (including accessing the  Forma Content within the Unity Forma authoring environment).  Use of the Unity Software is subject to the Unity Software Additional Terms, unless otherwise agreed in writing and signed by Unity.  For clarity, this Agreement or any exercise of your rights hereunder does not modify your rights to use the Unity Software in any way.

1.4  Your Users.  

You may allow your Users to exercise your rights hereunder, provided you have purchased a sufficient Unity Forma subscription that enables access for each such User. All use of Unity Forma, including any third party exercise of your rights hereunder, is subject to these Unity Forma Terms. You remain responsible for any breach of these Unity Forma Terms by your Users. 

1.5 Content.

You are solely responsible for the Forma Content you and/or your Users incorporate into or author using Unity Forma, and you represent and warrant that you own or control all necessary intellectual property rights in and to any such content. 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.

2. Third Party Software. 

Unity Forma 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 Forma and incorporated into this Agreement by reference. You agree that you have reviewed and accepted those terms and that your use of Unity Forma 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 Unity Forma; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to Unity Forma to any third party; (c) directly or indirectly make the functionality of Unity Forma available to multiple users or third parties through any means, including but not limited to by uploading Unity Forma 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 Unity Forma for competitive analysis or to develop a competing product or service; or (e) do anything that could cause or result in Unity Forma being subject to any open source license (or similar license) that requires as a condition of use, modification or distribution that Unity Forma or other software combined or distributed with Unity Forma 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 Unity Forma, including but not limited to the Unity Forma 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 Unity Forma, 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 Forma, you expressly acknowledge and accept Unity's Privacy Policy. Particularly, you acknowledge that Unity Forma 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 Forma; and (c) validate Unity Forma subscriptions in order to prevent unauthorized use.    

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 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 Unity Forma. 

6. Term.

Subscriptions for Unity Forma will remain in effect for the initial subscription period, and thereafter such subscription will automatically renew at the then-current list price and business model, or as otherwise authorized by Unity, unless you terminate and cancel it as described on the Site. For clarity, subscriptions for Unity Forma 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 Forma 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 Forma 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 Forma 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 Forma 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 Forma 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 Forma 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). 

"Forma Content" means environments, applications, adaptors, software or other content you incorporate into or author using Unity Forma. 

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.

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

Unity Forma” means Unity’s software solution for real-time 3D marketing solutions described here, including all versions and updates that Unity makes generally available during your subscription term. 

Unity Forma Source Code” means the source code for Unity Forma.

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

User” means, if you are a Legal Entity, your employees, employees of your affiliated entities, third-party contractors, or persons otherwise acting on your behalf who access or use Unity Forma in order to test, develop and/or operate your Forma Content on your behalf.

 

 
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