this post was submitted on 15 Sep 2023
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You’re right that a lot of Terms of Service documents and similar agreement documents have language that reserves the right to modify those terms.
At the same time just because something is in the terms doesn’t mean it can stand the test of adjudication and terms as well as changes are often challenged in court with success.
Unity is in a particular tricky situation because the clause that governed modifications in their last ToS explicitly gives the user the option to pass on modifications that adversely affects them and stick with the old terms:
https://web.archive.org/web/20201111183311/https://github.com/Unity-Technologies/TermsOfService/blob/master/Unity%20Software%20Additional%20Terms.md
I agree that it seems like a problematic part. That said... even if devs are allowed to stay using that version, for a lot of devs is not practical, so the end result is basically the same, they cannot afford to stay on the old version and would need to pay to continue using it.
Except for old games not being updated or similar that they don't need updates to the tools/engine.