I reread and...
And now today by a Unity lawyer "Our terms of service provide that Unity may add or change fees at any time. We are providing more than three months advance notice of the Unity Runtime Fee before it goes into effect. Consent is not required for additional fees to take effect, and the only version of our terms is the most current version; you simply cannot choose to comply with a prior version. Further, our terms are governed by California law, notwithstanding the country of the customer. "
....i misread that bit.
i read it more along the lines of "the only version [of unity for which these ToS apply to] is the most current version [of unity].
i don't know what is or is not legal here but i know my software changes terms from time to time but we ONLY apply them to a new version of the software. customers that choose to sit on an older version comply with the terms as they were when they took the software. them choosing to upgrade is them choosing to accept the new terms.
maybe that's not a legal requirement but just us not wanting to make our customer irate? doesn't seem legal to me.