In the aftermath of the Unity Runtime Fee fiasco on the of the major changes announced by Unity Create head Marc Whitten was:
We will make sure that you can stay on the terms applicable for the version of Unity editor you are using – as long as you keep using that version.
This would require an update to their terms of service, which just arrived on the Unity blog:
On September 22, Marc Whitten shared an open letter with the community detailing changes to our runtime fee policy. One critical commitment was that “we will make sure that you can stay on the terms applicable for the version of the Unity editor you are using – as long as you keep using that version.”
To follow through on this commitment, we have updated the language to the Editor Terms based on feedback from our employees and community. Our goal is to make sure that the terms Unity users accept state that they can stay on those terms for the named version of Unity they are using, regardless of any changes to the Unity terms afterwards. As of today, this update will be added to our Github repository and unity.com/legal.
We’ve also made sure to explicitly state that the runtime fee is not in effect unless a game is created with or upgraded to the next major release of Unity (shipping in 2024) and beyond.
Our overall goal is to make it easy and transparent for developers to choose a version of Unity that works for them so that they can be successful.
After running the old and new terms through a Diff pass, these appear to be the two new changes to the terms and service for the Unity game engine:
Provided that you comply with Tier Eligibility, if Unity updates the Software Terms (the “Updated Terms'') impacting your rights, you may elect to continue to use your current version of the Unity Software subject to the prior accepted Software Terms and Terms of Service (the “Prior Terms'') unless such Updated Terms are required by law. If you elect to update to a later named version of the Unity Software, the most current version of the Updated Terms shall apply and be deemed accepted (for clarity, the Runtime Fee does not apply to Prior Released Versions; see Section 2.2). For the avoidance of doubt, it shall not be considered an update to a later named version if you update to another version released within that named version (e.g. 2022.1 to 2022.2). You understand that it is your responsibility to maintain complete records establishing your entitlement to Prior Terms.
The Unity runtime fee as detailed at https://unity.com/pricing-updates (the “Runtime Fee”) does not apply to any Projects created with any prior released Unity versions: 2022 LTS, 2021 LTS, 2020 LTS, or any earlier versions (the “Prior Released Versions”) unless you upgrade a qualifying Project (i.e. a game meeting the Runtime Fee threshold criteria) to the next major release of Unity Software releasing in 2024, currently referred to as the 2023 LTS, and any future associated betas, Evaluation Versions, ‘Tech Streams’, or LTS releases. For clarity, Unity 2022 LTS will be officially supported at least until May 30 2025 for Pro customers and May 30 2026 for Enterprise customers. For further clarity, if you use the Prior Released Versions of Unity Editor, the applicable prices and fees (i.e. subscription/seat price) for such use may change in accordance with the Unity Terms of Service; provided, however, Unity will not impose any additional fees, Runtime Fee, or a revenue share in addition to the subscription and related costs in effect as set forth in the Prior Terms for Prior Released Versions.
You can learn more about the update to the Unity EULA terms of service in the video below.