koobas.hobune.stream
Can I distribute a non-profit app with Unity Free to another company ?
Hello,
Let's take for example the following scenario : I'm a company with a gross revenue of 1000$ per year (really small).
A huge company (let's call it McBank) with a gross revenue of 1.000.000.000 $ per year asks me to make them a very small game , for which they pay me a one time fee of 100$.
The company then puts the game on their website / app store / google play ... everywhere.
They don't get any direct revenue from the game , it's for advertising purposes.
Can I use Unity Free to make such a project ?
If the above answer is yes, what is the case company makes huge revenues from the selling of the game ? (I still get payed only the 1 time fee of 100$ ).
Two things from the EULA/Unity Software License:
Unity Free, which include the free platform add-on products, may not be licensed or used by a commercial entity with annual gross revenues (based on prior fiscal year) in excess of US$100,000, or by an educational, academic, non-profit or government entity with a total annual budget for the entire entity (based on prior fiscal year) in excess of US$100,000.
If you are accepting the terms of this Agreement on behalf of a Legal Entity for use of Unity Free, you represent and warrant that: (i) if the Legal Entity is a commercial entity, the annual gross revenues of the Legal Entity during its prior fiscal year did not exceed US$100,000 (or an equivalent amount in another currency); and (ii) if the Legal Entity is an educational, academic, non-profit or government entity, the total annual budget for the entire Legal Entity during its prior fiscal year did not exceed US$100,000 (or an equivalent amount in another currency). You expressly acknowledge and agree that if the annual gross revenues or annual budget, as applicable, of the Legal Entity during its prior fiscal year exceeded US$100,000 (or an equivalent amount in another currency), then Unity is unwilling to license Unity Free to you, and you must destroy all copies of Unity Free in your possession or control or you must purchase Unity Pro.
You are technically accepting the terms on behalf of the company you're doing work for. You already stated that the company makes well over 100K US per year.
IANAL and you should contact unity for actual details regarding your venture.
This EULA doesn't really cover my case.
It makes sense if I were subcontracted by a much bigger Legal Entity to specifically do work for them on Unity (such as collaboration , employment , etc).
However , I'm making a product (so, I'm doing work for me ) and the big company (or companies) purchases the product (no sources, nothing unity related, they just want the ipa / apk).
It's like creating a game for app store, but ins$$anonymous$$d of having many normal users paying 1$ for the game, I have a Legal Entity purchasing it for 100$.
From reading all the EULAS I understand to be legal to commercialise to any third party products made using Unity Free as long as my company doesn't have a gross revenue of over 100.000$.
From my understanding the EULA is limited strictly to Unity and it's add-ons, not to products created using Unity.
Thanks for the answer, it helped me understand things a bit better.
