License Terms (EULA)

Scope

These license terms are structured in three parts: Part A (Sections 1–9) applies to the Licensor's Unity-based products – realvirtual Starter, realvirtual Professional and add-ons such as realvirtual Simulation and AIBuilder (the "SOFTWARE" within the meaning of Part A). Part B (Section 13) applies to realvirtual WEB, Part C (Section 14) to realvirtual CONNECT. Sections 10–12 (warranties, termination, general provisions) apply to all products accordingly unless Part B or Part C provides otherwise. For purchases via the Unity Asset Store, the Unity Asset Store terms apply in addition. Rights under open-source licenses – in particular the AGPL-3.0 for realvirtual WEB – remain unaffected by these terms.

1. License Grant — Concurrent Seat Licensing

1.1 Seat-Based License

The SOFTWARE is licensed on a concurrent-seat licensing model (per concurrent seat). Each license entitles the simultaneous use of the SOFTWARE by a specified number of users (each a "Seat") in the Unity Editor during development. A "Seat" refers to an active, concurrent instance of the SOFTWARE in the Unity Editor.

1.2 Concurrent Usage Limitation

The End-User may install the SOFTWARE on multiple computers; however, the number of simultaneously active instances in the Unity Editor must not exceed the purchased number of Seats. The Licensor provides technical measures to monitor and enforce this limitation.

1.3 Runtime vs. Editor Usage

Runtime builds (compiled applications running outside the Unity Editor) do not require Seat licenses and are not subject to any concurrent usage limitation. Seat licensing applies exclusively to the use of the SOFTWARE in the Unity Editor during development.

1.4 Multiple Seats

An End-User may purchase multiple Seats to enable concurrent use by multiple team members. Each additional Seat increases the permitted number of concurrent instances in the Unity Editor.

1.5 Permitted Use

The Licensor grants the End-User a non-exclusive, worldwide, perpetual license to use, reproduce, modify, and integrate the SOFTWARE into electronic games, digital media, industrial simulation, virtual commissioning, and digital twin solutions, subject to the terms set forth in this Agreement. The End-User may integrate the SOFTWARE into their own products and distribute them commercially, provided the SOFTWARE is included only as a compiled component.

1.6 Modification Rights

The End-User is permitted to modify, adapt, and extend the source code of the SOFTWARE to integrate it into their own products. Compiled DLLs (Dynamic Link Libraries) provided as part of the SOFTWARE may not be decompiled, disassembled, or otherwise reverse-engineered, unless expressly permitted by applicable law.

1.7 Distribution Restrictions

The End-User may distribute the SOFTWARE or parts thereof only as compiled components within their own applications. Distribution of the SOFTWARE's source code, individual assets, scenes, or prefabs in uncompiled form is expressly prohibited. The End-User may not offer the SOFTWARE on any other platform, marketplace, or asset store for download or purchase.

1.8 No Seat Pooling

Seats may not be pooled and dynamically shared between users belonging to different organizations or unrelated projects. Seats are bound to the acquiring organization and may only be used within that organization and its affiliated companies.

2. License Protection

The SOFTWARE contains technical protection measures to monitor and enforce concurrent seat usage limits. These measures require periodic communication with the Licensor's license server. The End-User agrees not to circumvent, disable, or otherwise tamper with any technical protection measures used to enforce the license terms. Any attempt to circumvent such measures constitutes a material breach of this Agreement and entitles the Licensor to terminate this Agreement immediately.

3. Sales Channel Terms

3A. Unity Asset Store

For SOFTWARE acquired through the Unity Asset Store, the Unity Asset Store Terms of Service and EULA apply in addition to this Agreement. In case of conflict between the Unity Asset Store terms and this Agreement, the Unity Asset Store terms shall prevail with respect to the acquisition process. With respect to the use of the SOFTWARE, the provisions of this Agreement shall apply, insofar as they do not conflict with the mandatory provisions of the Unity Asset Store.

3B. Direct Purchases

For SOFTWARE acquired directly from the Licensor (via the website, customer portal, or other direct sales channels), only the provisions of this Agreement shall apply. Licenses are provided and activated through the Licensor's private UPM registry. The End-User will be assigned access credentials for the registry, which must be kept confidential.

4. Team and Organizational Use

The End-User may use the acquired Seats within their organization, including full-time and part-time employees who are in a direct employment relationship with the End-User. External contractors, freelancers, and consultants working on behalf of the End-User count towards the concurrent Seats and must operate within the licensed Seat count. Build servers, CI/CD systems, and automated build processes that use the SOFTWARE in batch mode without interactive Editor use do not consume Seat licenses.

5. Usage Monitoring and Compliance

5.1 Data Collection

The SOFTWARE collects anonymized usage data to monitor compliance with seat license terms. This data includes the number of concurrent instances, usage timestamps, and machine identifiers. No personal data, project data, or content information is collected.

5.2 Compliance Verification

The Licensor reserves the right to verify compliance with the license terms. The End-User agrees to provide information regarding the use of the SOFTWARE upon reasonable request by the Licensor to verify compliance with Seat limitations.

5.3 Overuse

In the event that the licensed Seat count is exceeded, the Licensor will notify the End-User and provide a reasonable period to remedy the overuse. In case of continued overuse, the Licensor reserves the right to charge for additional Seat licenses or to restrict access to the SOFTWARE.

6. Education & Research Bundle

The Education & Research Bundle is intended exclusively for accredited educational institutions and non-commercial research institutions. Use is limited to non-commercial educational and research purposes. Projects, applications, or content created with the bundle may not be commercially distributed or used for commercial purposes. The Licensor reserves the right to verify the educational or research status of the End-User.

7. Prohibited Uses

The End-User may not, in particular:

  • Share access credentials, license keys, or registry access with third parties or make them publicly available
  • Circumvent, disable, or tamper with technical protection measures or license enforcement mechanisms
  • Sublicense, rent, lease, or otherwise make the SOFTWARE available to third parties for independent use
  • Resell the SOFTWARE, unless expressly permitted by the Unity Asset Store terms
  • Distribute the SOFTWARE or parts thereof in uncompiled form, including source code, assets, scenes, or prefabs
  • Offer the SOFTWARE on any other platform, marketplace, or asset store
  • Decompile, disassemble, or reverse-engineer compiled DLLs
  • Use the SOFTWARE for unlawful purposes
  • Remove or alter copyright notices, trademarks, or other proprietary notices in the SOFTWARE

8. Intellectual Property

The SOFTWARE, including all source code, compiled binaries, documentation, graphics, designs, and other materials, is protected by copyright and is the property of the Licensor. All rights not expressly granted to the End-User by this Agreement are reserved by the Licensor. The End-User acknowledges that the SOFTWARE constitutes valuable intellectual property of the Licensor and agrees to respect and protect the Licensor's rights.

9. Protection Against Copyright Infringement

The Licensor will defend the End-User against third-party claims alleging that the SOFTWARE infringes the copyrights, patents, or other intellectual property rights of third parties, and will indemnify the End-User from finally adjudicated damages. This obligation does not apply if the alleged infringement is attributable to modifications of the SOFTWARE by the End-User, the combination of the SOFTWARE with software not provided by the Licensor, the use of an outdated version of the SOFTWARE where the infringement could have been avoided by using a current version, or the use of the SOFTWARE in a manner not consistent with the provisions of this Agreement.

10. Disclaimer of Warranties and Limitation of Liability

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.

IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR DATA LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. THE LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY THE END-USER TO THE LICENSOR IN THE SIX (6) MONTHS PRECEDING THE DAMAGING EVENT.

11. Termination

11.1 Termination by the Licensor

The Licensor may terminate this Agreement with immediate effect if the End-User breaches material provisions of this Agreement and fails to remedy the breach within thirty (30) days of written notice. Material breaches include, but are not limited to, exceeding the licensed Seat count, circumventing license protection mechanisms, and unauthorized distribution of the SOFTWARE.

11.2 Termination by the End-User

The End-User may terminate this Agreement at any time by ceasing use of the SOFTWARE and removing all copies of the SOFTWARE from their systems. A refund of the purchase price will only be made within the refund period specified on the website or the respective sales channel.

11.3 Consequences of Refund

In the event of a refund, all rights granted to the End-User shall expire immediately. The End-User is obligated to delete all copies of the SOFTWARE without delay and to confirm the deletion in writing upon request by the Licensor.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between the Licensor and the End-User with respect to the SOFTWARE and supersedes all prior or contemporaneous oral or written agreements, communications, and understandings regarding the subject matter of this Agreement.

12.2 Amendments

The Licensor reserves the right to amend this Agreement at any time. Material changes will be communicated to the End-User by email or by notice on the Licensor's website. Continued use of the SOFTWARE after the changes take effect shall constitute acceptance of the amended terms.

12.3 Severability

If any provision of this Agreement is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the economic purpose of the invalid provision.

12.4 Open-Source Components

The SOFTWARE may contain open-source components, each subject to its own license terms. A list of open-source components used and their licenses is included in the SOFTWARE documentation. In the event of a conflict between the open-source licenses and this Agreement, the respective open-source license terms shall apply to the affected components.

12.5 Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be, to the extent permitted by law, the registered office of the Licensor.

13.1 Dual Licensing

realvirtual WEB is dual-licensed. (a) AGPL-3.0-only: The source code is publicly available; use, modification and distribution are governed exclusively by the terms of the GNU Affero General Public License v3.0, including its network clause. Use under the AGPL is free of charge and does not include any entitlement to support. (b) Commercial license: For proprietary use without the copyleft obligations of the AGPL, Sections 13.2 through 13.5 apply.

13.2 Commercial Development License

The commercial license is a development license. It is granted per developer with a term of one year and entitles the End-User, during the term, to develop, adapt and extend applications based on realvirtual WEB without the disclosure obligations of the AGPL; support is included. Upon expiry of the term, the right to further development lapses; the operation of deployments properly licensed under Section 13.3 remains unaffected. After twelve continuously licensed months, the End-User obtains a perpetual right to continue using the last version of the software provided during the term for development ("perpetual fallback"); there is no entitlement to updates or support after expiry of the term. Alternatively, the development license may be purchased as a perpetual (lifetime) license at the list price applicable at the time.

13.3 Deployment Licenses

Productive use additionally requires exactly one of the following licenses per deployment: (a) a one-time, perpetual license per delivered machine (offline-capable), (b) an annual license per internal site, or (c) an annual license per application publicly accessible via the internet. Annual licenses under (b) and (c) convert, after twelve continuously licensed months, into a perpetual right to continue operating the last version provided for the respective deployment ("perpetual fallback"); updates and support are included only under an active license. The prices and service descriptions valid at the time of ordering on the Licensor's website or in the individual offer shall be decisive.

13.4 Non-Productive Use

Pure engineering, simulation and study purposes without productive delivery to end users require only development licenses under Section 13.2.

13.5 Included CONNECT License

Where stated in the respective offer, a realvirtual WEB server license includes a license for realvirtual CONNECT under Part C.

13.6 Additional Terms under Section 7 AGPL-3.0 (Attribution Notice)

Supplementary to the AGPL-3.0, the following additional term within the meaning of Section 7(b) AGPL-3.0 (preservation of specified reasonable legal notices and author attributions) applies to realvirtual WEB: The attribution notice contained in the software ("Powered by realvirtual WEB" including the logo) constitutes such a legal notice. It must remain visible in the user interface of every version used, modified or distributed under the AGPL-3.0 and may not be removed, concealed or materially impaired in its perceptibility. Removal of the attribution notice is permitted exclusively under a commercial license pursuant to Section 13.2. Anyone removing or suppressing the notice under the AGPL-3.0 violates these license terms; in that case the rights under the AGPL-3.0 terminate in accordance with Section 8 AGPL-3.0. No further additional terms within the meaning of Section 7 AGPL-3.0 apply.

14.1 License Model

realvirtual CONNECT is licensed node-locked per activated computer via a signed, hardware-bound license token. The free tier is limited to 20 concurrent signals and requires registration. Commercial tiers (annual license or perpetual license) remove the signal limitation; the prices valid at the time of ordering on the website or in the individual offer shall be decisive.

14.2 Activation and Transfer

Activation takes place online or offline via request code; license validation at runtime is performed locally and does not require an internet connection. The End-User may deactivate a license at any time and transfer it to another computer.

14.3 Protection Mechanisms

The signal limitation and the license mechanisms may not be circumvented, removed or manipulated. Sections 2 (License Protection) and 7 (Prohibited Uses) apply accordingly.

Game4Automation is a registered trademark of realvirtual GmbH.