Unity Simulation Service (beta) Additional Terms

Last updated: October 9, 2019

Your use of the Unity Simulation Service is subject to these Additional Terms (the “Unity Simulation Service Terms”), which supplement and incorporate the Unity Terms of Service.  By accessing, purchasing, or using the Unity Simulation Service in any manner, you represent and affirm that you have read, understand and agree to be legally bound by and comply with these Unity Simulation Service Terms.  If you do not agree with these Unity Simulation Service Terms, you are not authorized to use the Unity Simulation Service in any manner. Likewise, by accessing, purchasing, or using the Unity Simulation Service, you agree that you have read and understand Unity’s Privacy Policy

(Certain capitalised terms defined in Section 8)

1. Unity Simulation Service Offerings

1.1 Unity provides cloud-based 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 the Unity Simulation Service is still in development, unfinished, may have bugs, and may not work as intended. You further 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.

1.4 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.

2. Registration

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.

3. Use Rights

3.1 Subject to the Agreement, Unity grants to you a limited, non-exclusive, non-transferable, and non-sublicensable license solely as provided for in the Documentation and solely to access and to use Unity Simulation Service to run Simulations. For clarity, the grant of license applies only so long as you have a current subscription to the Unity Simulation Service under a plan 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) use “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;

(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) disclose the results of any benchmarking of the Unity Simulation Service, without the prior written consent of Unity;

(xiv) access or use 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) create 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) use the Unity Simulation Service in a manner that overburdens or threatens its integrity, performance, or availability (including any APIs);

(xvii) introduce any viruses, worms, defects, malware, or any item of destructive nature though any of the Unity Simulation Service or Project Binaries; or

(xviii) use 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.

4. Promotions

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.

5. 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.

6. Account Termination

8.1 If you wish to have your Unity Simulation Service account terminated, you may submit a support ticket at simulation-help@unity3d.com and request that your account be terminated.   

8.2 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.  

7. Feedback  

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.

8. Definitions

Capacity Limit” means that number of compute hours, gigabytes of storage, and gigabytes of data egress permitted by your plan.

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.

Project Binaries” means compiled builds of games, applications, software, or other content developed using Unity Software/Unity Services, and all parameter information and data that you are permitted to upload, store, or transmit to the Service for the purpose of running Simulations.

Simulations” means parametered simulations of Project Binaries.

 

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