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This Application EULA serves as a legally binding agreement between software providers and end users in New Zealand, establishing the terms and conditions for software usage. The document is essential for any company distributing software applications in the New Zealand market, whether through direct download, app stores, or enterprise distribution. The EULA must comply with New Zealand's specific legal framework, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020, while protecting the software provider's intellectual property rights and limiting liability where legally permissible. This document should be used whenever a new software application is released or substantially updated, ensuring proper user rights management and legal compliance in the New Zealand jurisdiction.

1. Parties: Identification of the software provider/licensor and the end user/licensee

2. Background: Brief context about the software and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Software', 'License', 'User', 'Intellectual Property Rights'

4. Grant of License: Scope of the license, terms of use, and any restrictions on usage

5. Acceptance of Terms: How and when the user accepts the terms, including click-wrap provisions

6. User Obligations: User responsibilities, prohibited actions, and acceptable use policies

7. Intellectual Property Rights: Statement of ownership and IP rights protection

8. Privacy and Data Collection: How user data is collected, used, and protected in compliance with NZ Privacy Act

9. Disclaimers and Warranties: Warranties provided and disclaimed, considering Consumer Guarantees Act requirements

10. Limitation of Liability: Limits on liability compliant with NZ law

11. Term and Termination: Duration of license and circumstances for termination

12. General Provisions: Standard clauses including governing law, entire agreement, and amendments