Unity Onsite Training Workshop
Last updated: October 4, 2019
These Additional Terms (“Training Workshop Terms”) govern your purchase of an on-site, in-person Unity Training Workshop, and constitute a binding legal agreement between you and Unity. These Training Workshop Terms supplement and incorporate the Unity Terms of Service.
By purchasing a Training Workshop, you agree that you understand these Training Workshop Terms and are legally bound to comply with these Training Workshop Terms. For clarity, if you purchase a Training Workshop on behalf of a company, organization or other legal entity, you represent and warrant that you have the authority to bind that legal entity to the Training Workshop Terms and, in such event, “you” and “your” will refer and apply to that legal entity. If you do not or cannot accept these Training Workshop Terms, you are not authorized to receive the benefits of a Training Workshop.
1. Onsite Training Workshops.
On a date to be mutually agreed between the parties, Unity will send Unity Personnel to your location to provide the Training Workshop(s) you selected. All Training Workshops are structured for up to fifteen (15) attendees. You may be able to add additional attendees for an additional fee. Training Workshops can be customized for an additional fee and subject to a separate statement of work, to be signed by both parties.
2. Your Obligations.
You will be responsible for delivering Materials (if any) you receive from Unity to the Training Workshop participants. It is you or your designated individual participants’ responsibility to possess computers with operating systems and software that are able to access the Platforms and view Materials presented. You will be responsible for providing facilities and/or equipment to be used by participants and/or Unity Personnel in conjunction with Onsite Training Workshops, including:
- Closed room (preferred) with classroom-style seating (desks or tables),
- LCD/LED projector (at least 1080p),
- Latest version of Unity Products installed on participant computers. Unity may provide temporary licenses to participant for the Training Workshop on prior request,
- Appropriate power for Unity Personnel and participants, and
- Food and beverage as needed.
You acknowledge and agree that, once you agree to purchase a Training Workshop: (a) it is your responsibility to contact Unity to schedule the Training Workshops; (b) you must contact Unity at least ninety (90) days prior to the date on which you would like to schedule a Training Workshop; and (c) any Training Workshop not scheduled during the Term will be forfeited. For clarity, if you do not contact Unity to schedule your Training Workshop at least ninety (90) days prior to the end of the Term, you forfeit the Training Workshop.
You agree to notify Unity in writing of any cancellation or intent to reschedule a previously scheduled Training Workshop. In the event you notify Unity of your intent to cancel or reschedule a Training Workshop, Unity may invoice and you will pay all non-refundable travel and living expenses associated with the previously scheduled Training Workshop incurred before receiving your cancellation notice. In the event you notify Unity of your intent to cancel or reschedule a Training Workshop less than fourteen (14) calendar days prior to the date the Training Workshop is scheduled to begin, you will forfeit such Training Workshop.
3. Training Platforms.
Current Platforms utilized for Training Workshops include MyLiveBook (https://portal.knowledgepoint.co.uk/Login.aspx) and the Unity Asset Store (https://www.assetstore.unity3d.com). Where additional Platforms are utilized in connection with the Training Workshop services and materials, Unity will notify the individual participants and provide access to any applicable user terms prior to the start of the Onsite Training Workshop. When an individual participant registers on any Training Workshop Platform, they may be prompted to create an account and to agree to the terms of service presented via such Platform.
4. Ownership of Materials.
You acknowledge and agree that Unity and its Fulfillment Partners will retain all rights in and to their respective Intellectual Property Rights, and any and all Materials, where applicable, used during performance of the Training Workshops will remain the Intellectual Property Rights of Unity or the Fulfillment Partner, as applicable.
Unity hereby grants to you a non-exclusive, royalty-free license to access Platforms and use Materials, only to the extent necessary to enable you to exercise all of the rights granted to it under these Training Workshop Terms or any statement of work. Any additional license grants in respect of the Onsite Training Workshops and related Platforms and Materials will be as between Unity (or its Fulfillment Partner) and the individual Onsite Training Workshop participant.
The parties agree to hold each other’s Confidential Information in strict confidence, not to use it in any way, commercially or otherwise, and not to disclose it to others. Recipient agrees to take all actions reasonably necessary to protect the confidentiality of all Confidential Information including, without limitation, implementing and enforcing procedures to minimize the possibility of unauthorized use or disclosure of Confidential Information. All Confidential Information, if any, is provided “AS IS” and without any warranty, express, implied or otherwise, regarding its accuracy or performance.
Either party may from time to time provide Feedback. Feedback is entirely voluntary and, if given, is provided without any representations or warranty of any kind. Provided such party does not disclose the other party’s Confidential Information in violation of this Section 6, such party is free to act on such Feedback with no obligation to the other party.
These Training Workshop Terms shall remain in effect for the Term, unless the Training Workshop is forfeited as set forth in Section 2.
“Confidential Information” means any information, materials or knowledge that is disclosed by Discloser to Recipient in the course of Services and concerns Discloser and its business, including but not limited to business plans, roadmaps, financial condition, products, programming techniques, suppliers, technology or research and development. Confidential Information will not include any information that: (a) is or becomes part of the public domain through no fault of Recipient; (b) was rightfully in Recipient’s possession at the time of disclosure, without restriction as to use or disclosure; (c) has been rightfully received by Recipient from a third party without restriction as to use or disclosure; or (d) was developed by employees or agents of Recipient independently of and without reference to any information communicated to Recipient by Discloser.
“Discloser” means a party to these Training Workshop Terms that discloses or otherwise makes available Confidential Information to the other party.
“Feedback” means the suggestions, comments or other feedback provided by a party to these Training Workshop Terms to the other party with respect to such other party’s Confidential Information or their product or service offerings, including changes, improvements or new functionality or capabilities.
“Fulfillment Partner(s)” means any one or more of Unity’s third-party licensors, partners or providers of the Learning Services, including operators of the Platforms described herein and hosts of Materials.
“Intellectual Property Rights” means, collectively, a party’s worldwide patent rights, copyright rights, mask work rights, trade secret rights, know-how, moral rights, and any and all other intellectual property or proprietary rights.
“Materials” means the documentation and materials, inclusive of video content and other content owned by or licensed to Unity, provided by Unity or its licensors in electronic or physical form. Materials are subject to additional terms between Unity and the individual end users (as referenced elsewhere in this Exhibit).
“Platform(s)” means any Unity or third-party owned software, systems or platforms on which Materials are hosted and delivered or through which any Learning Services are performed.
“Recipient’ means a party to these Training Workshop Terms when it receives Confidential Information from the other party.
“Term” means the period of timing starting on the date of initial purchase of a Training Workshop and continuing for a period of twelve (12) months.
“Training Workshop(s)” are in-person, instructor-led training sessions with Unity Personnel and include services and Materials delivered via Unity-designated Platforms.
“Unity Personnel” means any Unity employee, any agent or other third party authorized by Unity to provide an Onsite Training Workshop.
“Unity Software” means the subscription software products subscribed to by your team, and for which you have purchased the Services described in these Training Workshop Terms.