Open Source EULA Template for New Zealand

This Open Source EULA is designed for software developers and organizations distributing open source software in New Zealand. It provides a legal framework that balances open source principles with New Zealand legal requirements, particularly under the Contract and Commercial Law Act 2017 and Consumer Guarantees Act 1993. The document should be used when releasing software under an open source license while maintaining clear terms for usage, modification, and redistribution. It includes specific provisions for intellectual property protection, liability limitations, and consumer rights as required by New Zealand law, while ensuring compatibility with open source licensing principles. The agreement is structured to protect both the licensor's interests and end-user rights, making it suitable for both individual and commercial software distributions.

1. Parties: Identifies the licensor and defines the user/licensee

2. Background: Explains the nature of the software and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including Software, License, Open Source Components, etc.

4. Grant of License: Specifies the terms of the open source license grant and permitted uses

5. Intellectual Property Rights: Establishes ownership of the software and third-party components

6. Acceptable Use: Defines acceptable use conditions and restrictions

7. Distribution Rights: Specifies terms for redistribution of the software

8. Modifications and Derivatives: Outlines terms for modifying the software and creating derivative works

9. Disclaimer of Warranties: Contains warranty disclaimers compliant with NZ law

10. Limitation of Liability: Limits liability within bounds of NZ consumer law

11. Termination: Describes circumstances and process for license termination

12. General Provisions: Contains standard legal provisions including governing law and jurisdiction