This Open Source EULA template is designed for use in New Zealand jurisdiction when distributing open source software. It provides a comprehensive framework for software licensing while ensuring compliance with New Zealand's legal requirements, including the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, and Privacy Act 2020. The document should be used when releasing software under open source terms while maintaining appropriate protections for the licensor. It includes essential provisions for license grant, usage rights, liability limitations, and termination conditions, structured to balance open source principles with legal protection. This EULA Open Source agreement is particularly relevant for software developers, companies, and organizations distributing software in New Zealand while embracing open source methodology.
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Key Requirements PROMPT example:
EULA Open Source
"I need an Open Source EULA for my machine learning software that we're launching in March 2025, compliant with New Zealand law, with strong liability protections while allowing free distribution and modification of the code."
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1. Parties: Identification of the licensor and definition of the licensee/end user
2. Background: Context of the software, its purpose, and the open source nature of the license
3. Definitions: Key terms including Software, License, Derivative Works, Source Code, and other relevant definitions
4. Grant of License: Scope of the open source license, permitted uses, and distribution rights
5. Intellectual Property Rights: Statement of ownership, recognition of third-party components, and intellectual property protection
6. License Conditions: Core conditions for using and distributing the software under open source terms
7. Disclaimer of Warranties: Disclaimers regarding software functionality and performance
8. Limitation of Liability: Limitations on liability consistent with New Zealand law and open source principles
9. Term and Termination: Duration of the agreement and circumstances for termination
10. General Provisions: Standard clauses including governing law, jurisdiction, and interpretation
1. Commercial Use: Additional terms for commercial usage of the software, used when dual licensing is implemented
2. Contribution Terms: Rules for accepting and managing community contributions, used when accepting external contributions
3. Privacy and Data Collection: Terms regarding data collection and processing, included if the software processes personal data
4. Export Controls: Compliance with international trade regulations, included for software with international distribution
5. Third-Party Software: Details of incorporated third-party components, used when the software includes other open source elements
6. Support and Updates: Terms regarding software maintenance and updates, included if offering support services
7. Patent Claims: Patent-related terms and grants, included if patent rights are relevant
1. Schedule 1 - Software Description: Detailed description of the software, its components, and functionality
2. Schedule 2 - Open Source License Terms: Full text of the applicable open source license (e.g., GPL, MIT, Apache)
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Third-Party Licenses: List and text of third-party open source licenses for included components
5. Appendix A - Installation Guidelines: Instructions for software installation and initial setup
6. Appendix B - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology
E-commerce
Digital Services
Healthcare Technology
Financial Technology
Education Technology
Manufacturing
Research and Development
Professional Services
Telecommunications
Relevant Teams
Legal
Software Development
Compliance
Information Technology
Product Management
Risk Management
Documentation
Open Source Program Office
Research and Development
Technical Operations
Relevant Roles
Software Developer
Legal Counsel
Compliance Officer
IT Manager
Chief Technology Officer
Product Manager
Open Source Program Manager
Intellectual Property Lawyer
Software Architect
Development Team Lead
Risk Manager
Chief Information Officer
Technical Documentation Specialist
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