This Standard EULA template is designed for software providers operating in New Zealand who need to establish legally binding terms with their end users. The document is essential for any software distribution in New Zealand, whether for commercial or free software, and must comply with key legislation including the Fair Trading Act 1986, Consumer Guarantees Act 1993, and Privacy Act 2020. The Standard EULA covers crucial aspects such as license grants, usage restrictions, intellectual property protection, and liability limitations, while ensuring adherence to New Zealand's consumer protection laws. It's particularly important as it cannot contract out of certain consumer rights specific to New Zealand jurisdiction, making it distinct from international EULA templates.
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Key Requirements PROMPT example:
Standard EULA
"I need a Standard EULA for my mobile gaming app that will be launched in March 2025, compliant with New Zealand law, including in-app purchase terms and data collection provisions for users under 18."
1. Parties: Identification of the licensor (software provider) and licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Software', 'License', 'Intellectual Property Rights', etc.
4. License Grant: Scope and nature of the license being granted to use the software
5. License Restrictions: Specific prohibitions and limitations on software use
6. Intellectual Property Rights: Declaration of ownership and protection of IP rights
7. User Obligations: User responsibilities and acceptable use requirements
8. Term and Termination: Duration of the license and conditions for termination
9. Warranty and Disclaimer: Limited warranties and disclaimers (subject to Consumer Guarantees Act)
10. Limitation of Liability: Limitations on liability (within bounds of NZ law)
11. Privacy and Data Protection: Handling of user data in compliance with Privacy Act 2020
12. General Provisions: Standard clauses including governing law, entire agreement, and amendments
1. Third-Party Software: Include when the software incorporates third-party components or libraries
2. Subscription Terms: Include for subscription-based software with recurring payments
3. Data Processing Terms: Include when software processes significant personal data
4. Export Controls: Include for software with international distribution
5. Support and Maintenance: Include when offering technical support or regular updates
6. Usage Analytics: Include when software collects usage data or analytics
7. Open Source Components: Include when incorporating open source software
8. API Terms: Include when providing API access
1. Technical Requirements: Minimum system requirements and technical specifications
2. Acceptable Use Policy: Detailed guidelines for acceptable use of the software
3. Privacy Policy: Detailed privacy and data handling practices
4. Service Level Agreement: Performance standards and service levels (if applicable)
5. Fee Schedule: Pricing and payment terms (for paid software)
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Gaming
Enterprise Software
Mobile Applications
Cloud Services
Digital Media
Professional Services
Relevant Teams
Legal
Product Development
Compliance
Information Technology
Software Development
Sales
Business Development
Risk Management
Customer Support
Privacy & Data Protection
Relevant Roles
Legal Counsel
Software Developer
Product Manager
Compliance Officer
IT Director
Software Architect
Chief Technology Officer
Chief Legal Officer
Licensing Manager
Contract Administrator
Privacy Officer
General Counsel
Software Sales Manager
Business Development Manager
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