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.