Unity MARS Additional Terms
Last updated: June 8, 2020
Your use of Unity MARS is subject to these Additional Terms (the “Unity MARS Terms”), which supplement and are incorporated into the Unity Terms of Service. By downloading, installing or using Unity MARS in any manner, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Unity MARS Terms. If you do not agree with these Unity MARS Terms, you are not authorized to use Unity MARS in any manner.
1. Use Rights.
1.1 Unity MARS.
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 Project Content in conjunction with the Unity Software:
- install and execute the executable form of the authoring environment provided by Unity MARS binaries.
- distribute the runtime portion of Unity MARS intended for distribution as an integrated part of your Project Content, solely as embedded or incorporated into your Project Content, and solely to third parties to whom you license or sell your Project Content pursuant to an agreement that is no less protective of Unity and its licensors than this Agreement.
- modify the Unity MARS Source Code and compile builds against it for use in accordance with these Unity MARS Terms, subject to the following: (i) you do not distribute the Unity MARS Source Code to anyone other than your Users; (ii) you agree to take all the security precautions with the Unity MARS Source Code as you take to protect your own source code and other trade secrets; (iii) you are solely responsible for any modifications you Users make to the Unity MARS Source Code; and (iv) you hereby assign and agree to assign to Unity all right, title and interest in and to such Unity MARS Source Code modifications. 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 MARS Source Code modifications.
- allow your Users to exercise the foregoing rights on your behalf.
Each subscription to use Unity MARS 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 MARS on additional computers or operating systems upon deactivation of Unity MARS installed on existing computers.
Except as otherwise set forth in this Section 1.1, Unity retains all right, title and interest in and to Unity MARS. Unity reserves all rights not expressly granted to you in these Unity MARS Terms.
1.2 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 download and gain access to Unity MARS.
Each User must have an active, valid subscription to use the Unity Software throughout the subscription term. 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.
1.3 Your Users.
You may allow your Users to exercise your rights hereunder, provided you have purchased a sufficient quantity of Unity MARS subscriptions for each individual User. All use of Unity MARS, including any third party exercise of your rights hereunder, is subject to these Unity MARS Terms. You remain responsible for any breach of these Unity MARS Terms by your Users.
2. Third Party Software.
Unity MARS 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 MARS and incorporated into this Agreement by reference. You agree that you have reviewed and accepted those terms and that your use of Unity MARS will be deemed acceptance thereof.
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 MARS; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to Unity MARS to any third party; (c) directly or indirectly make the functionality of Unity MARS available to multiple users or third parties through any means, including but not limited to by uploading Unity MARS 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 MARS for competitive analysis or to develop a competing product or service; or (e) do anything that could cause or result in Unity MARS being subject to any open source license (or similar license) that requires as a condition of use, modification or distribution that Unity MARS or other software combined or distributed with Unity MARS 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 MARS, including but not limited to the Unity MARS 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 MARS, 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.
You may access the online forums and the Unity Answers knowledge base through the Site. You may also email email@example.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 MARS.
Subscriptions for Unity MARS 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 Unity MARS 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 MARS 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 MARS 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 MARS 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 MARS 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 MARS 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).
"Project Content" means games, applications, software or other content you develop with the Unity Software.
"Third Party Software" means software developed by third parties that is furnished with or as part of Unity MARS.
“Unity MARS” means Unity’s software solution for mixed and augmented reality described here, including all versions and updates that Unity makes generally available during your subscription term.
“Unity MARS Source Code” means the source code for Unity MARS.
“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 your employees, employees of your affiliated entities, third-party contractors, or persons otherwise acting on your behalf who are testing, developing and operating your Unity Software content on your behalf.