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this post was submitted on 15 Sep 2023
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No, because if you download it right now, you'll be agreeing to the current terms which no longer gives you permission to ignore new terms as they are released.
Up until now, you could continue using the old engine and never agree to newer terms, and that would be defensible in court. Now, even if you do not update and do not click agree, they will still take you to court and send you a bill, which you probably will have to pay.
I believe they actually deleted that clause back in April. Source: https://web.archive.org/web/20230914135511/https://www.reddit.com/r/gamedev/comments/16hnibp/unity_silently_removed_their_github_repo_to_track/?rdt=38154
So it was planned for a while... oh well.