Unity follows up last week's Improbable controversy with an update to the Unity Terms of Service Section 2.4, concluding that Improbable is no longer in violation of the Unity ToS and licenses have been reinstated.
In a blog post detailing the Unity ToS update, Unity co-founder and CTO Joachim Ante, outlines the new updates to the controversial 2.4 clause and reaffirms Unity's commitment to providing developers with an open platform.
QuoteOver the last week there was much confusion, and untrue statements were raised which we refuted. But most importantly we listened to you, our community that felt that the End User License Agreement (EULA)/Terms of Service (TOS) was too restrictive.
When you make a game with Unity, you own the content and you should have the right to put it wherever you want. Our TOS didn’t reflect this principle – something that is not in line with who we are.
The blog post goes on to say that a developer can use any 3rd party service they would like - but it's possible, if the 3rd party service is not an official partner - that Unity will not be able to support it for you.
QuoteSome of these services will be supported, others will not.
The distinction is that with a supported service, we understand the technology. We make sure the service and Unity work better together for developers. We also ensure that the supported service always runs well on the latest version of our software, so we can help future proof your project in Unity and ensure access to the latest tech.
These changes also mean Improbable is not in violation of the ToS, but Unity makes it very clear that they are not a Unity partner:
QuoteBut we do not consider them a partner, and cannot vouch for how their service works with Unity as we have no insight into their technology or how they run their business.
We know Improbable was in violation even before the December TOS update and misrepresented their affiliation with us.
On Twitter, GameDev.net has asked Unity for clarification on the criteria for being a partner and how Improbable failed that criteria. Presumably, Improbable violated one of the three items in the new Section 2.4:
QuoteUnity developers are free to use any service offered to Unity developers (each, a “Third Party Service”). Unity does not have any obligation to provide support for any Third Party Service provider or Third Party Service under this Agreement.
Third Party Service providers may not, without Unity’s express written permission: (1) use a stylized version of any Unity name, trademark, logos, images or product icons, or other Unity-owned graphic symbols; (2) use a product name confusingly similar to a Unity product or that could be construed by Unity developers as being a Unity product or service; or (3) create or use any marketing materials that suggest an affiliation with, or endorsement by, Unity. All use of Unity’s trademarks must comply with Unity’s Trademark Guidelines.
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