The End User License Agreement (EULA) is a fundamental legal document used when distributing software products in New Zealand. It establishes the contractual relationship between software providers and end users, whether they are individuals or organizations. The agreement must comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, Privacy Act 2020, and Fair Trading Act 1986. The EULA outlines essential terms such as license scope, usage rights, restrictions, warranties, and liability limitations, while ensuring consumer protection and fair trading practices. This document is crucial for software companies operating in New Zealand to protect their intellectual property rights while providing clear terms of use to their customers.
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Key Requirements PROMPT example:
End User License Agreement
"I need an End User License Agreement for my cloud-based project management software that will launch in March 2025, with specific focus on data privacy and subscription-based licensing for both individual and enterprise users in New Zealand."
1. Parties: Identifies the licensor (software provider) and the licensee (end user), including their legal status
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. License Grant: Specifies the type and scope of license being granted to the user
5. License Restrictions: Details what users cannot do with the software
6. Intellectual Property Rights: Confirms ownership of IP and protects licensor's rights
7. User Obligations: Sets out what users must do or comply with when using the software
8. Privacy and Data Protection: Explains how user data is collected, used, and protected
9. Disclaimers and Warranties: States what is and isn't guaranteed about the software
10. Limitation of Liability: Limits the licensor's liability within legal bounds
11. Term and Termination: Specifies duration of license and conditions for termination
12. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Subscription Terms: Include when software is provided on a subscription basis with recurring payments
2. Third-Party Software: Include when the software incorporates third-party components or integrations
3. Export Controls: Include when software may be subject to international export regulations
4. Support Services: Include when technical support or maintenance services are offered
5. Usage Analytics: Include when software collects usage data or analytics
6. Beta Testing: Include when agreement covers beta or pre-release versions
7. Academic or Non-Commercial Use: Include when offering special terms for academic or non-commercial users
1. Schedule 1 - Technical Requirements: Minimum system requirements and technical specifications
2. Schedule 2 - Service Level Agreement: Performance standards and service levels if applicable
3. Schedule 3 - Fee Schedule: Pricing and payment terms if not using a standard price list
4. Schedule 4 - Privacy Policy: Detailed privacy policy and data handling procedures
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
6. Appendix B - Third-Party Licenses: List of third-party software components and their license terms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Professional Services
Telecommunications
Gaming and Entertainment
Manufacturing
Retail
Government and Public Sector
Relevant Teams
Legal
Information Technology
Product Development
Compliance
Sales
Risk Management
Information Security
Customer Success
Operations
Business Development
Relevant Roles
Legal Counsel
Software Developer
Product Manager
Chief Technology Officer
IT Manager
Compliance Officer
Privacy Officer
Software License Administrator
Contract Manager
Sales Director
Business Development Manager
Risk Manager
Information Security Officer
Chief Information Officer
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