Standard EULA Template for New Zealand

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.

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