This Standard End User License Agreement (EULA) is designed for software providers operating in the New Zealand market who need to establish clear legal terms for the use of their software products. The document is essential for any company distributing software in New Zealand, whether as downloadable applications, SaaS solutions, or mobile apps. It incorporates specific requirements of New Zealand law, including consumer protection provisions, privacy requirements, and fair trading practices. The EULA should be used when launching new software products, updating existing license terms, or expanding software distribution into the New Zealand market. It includes comprehensive provisions for license grants, usage restrictions, data protection, and liability limitations, all tailored to comply with New Zealand's legal framework while protecting the software provider's intellectual property rights.
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1. Parties: Identification of the software provider/licensor and definition of the end user/licensee
2. Background: Brief context about the software and purpose of the license agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the software license being granted, including any territorial or usage restrictions
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Statement of ownership and protection of IP rights in the software
7. Payment Terms: License fees, payment schedules, and related financial terms
8. User Obligations: End user's responsibilities and acceptable use requirements
9. Privacy and Data Protection: How user data is collected, used, and protected in compliance with NZ Privacy Act 2020
10. Warranties and Disclaimers: Software warranties and limitations, compliant with Consumer Guarantees Act
11. Limitation of Liability: Extent and limitations of liability under NZ law
12. Term and Termination: Duration of agreement and circumstances for termination
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Third-Party Software: Include when the software incorporates third-party components or dependencies
2. Service Level Agreement: Include for software that provides online services or requires specific performance standards
3. Support and Maintenance: Include when offering technical support or regular maintenance services
4. Data Processing Terms: Include when software processes significant personal data or for compliance with international data protection requirements
5. Export Controls: Include when software may be subject to international export restrictions
6. Beta Testing Terms: Include for pre-release or beta version software
7. User Content: Include when software allows users to create, upload, or share content
1. Schedule 1 - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees and payment terms
3. Schedule 3 - Support Services: Details of support and maintenance services if offered
4. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix B - Privacy Policy: Detailed privacy and data handling practices
6. Appendix C - Third-Party Licenses: List and terms of third-party software components
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