3rd Party EULA Template for Hong Kong

This Third-Party EULA is essential for software companies operating in Hong Kong who distribute their products through resellers, distributors, or other third-party channels. The document is specifically structured to comply with Hong Kong's legal framework while protecting the interests of all parties involved in the software distribution chain. It includes comprehensive terms covering license grants, usage restrictions, intellectual property rights, data protection requirements, and liability limitations. This type of agreement is particularly important when software owners want to expand their distribution network while maintaining control over their intellectual property and ensuring end users are bound by appropriate terms of use. The Third-Party EULA addresses specific requirements under Hong Kong law, including compliance with the Copyright Ordinance, Personal Data (Privacy) Ordinance, and Electronic Transactions Ordinance, making it suitable for both local and international software distribution arrangements within Hong Kong's jurisdiction.

1. Parties: Identifies the software owner, distributor/reseller, and end user categories

2. Background: Explains the context of the software licensing arrangement and the third-party distribution model

3. Definitions: Defines key terms used throughout the agreement, including technical terms, parties, and important concepts

4. Grant of License: Specifies the scope and nature of the license granted to end users through the third-party distributor

5. License Restrictions: Details prohibited uses and limitations of the software license

6. Intellectual Property Rights: Establishes ownership of IP and protections under Hong Kong law

7. Distribution Rights and Obligations: Outlines the third-party distributor's rights and responsibilities

8. End User Obligations: Specifies requirements and restrictions for end users

9. Terms of Use: Details acceptable use policies and conditions for software usage

10. Payment Terms: Specifies licensing fees, payment methods, and related financial terms

11. Data Protection and Privacy: Addresses compliance with Hong Kong's Personal Data (Privacy) Ordinance

12. Warranties and Disclaimers: Specifies warranties provided and disclaimers under Hong Kong law

13. Limitation of Liability: Defines liability limits in compliance with Hong Kong regulations

14. Term and Termination: Specifies duration, renewal, and termination conditions

15. Governing Law and Jurisdiction: Establishes Hong Kong law as governing law and jurisdiction for disputes

16. General Provisions: Includes standard clauses like severability, entire agreement, and amendments