The Boilerplate Software License Agreement serves as a standardized legal framework for software licensing transactions in Malaysia. This template is designed for use when a software owner (licensor) wishes to grant rights to use their software to another party (licensee) while maintaining ownership and controlling usage terms. It incorporates essential elements required under Malaysian law, including provisions compliant with the Copyright Act 1987, Contracts Act 1950, and Personal Data Protection Act 2010. The agreement is particularly valuable for software companies, developers, and businesses engaging in software distribution, whether for commercial or consumer use. This document includes comprehensive terms covering license scope, usage rights, intellectual property protection, payment structures, and termination procedures, making it adaptable for various software licensing scenarios while maintaining consistency with Malaysian legal requirements.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including type (exclusive/non-exclusive), territory, and duration
5. License Fees and Payment: Payment terms, fee structure, and payment schedules
6. Intellectual Property Rights: Assertion of ownership rights and protection of IP
7. Use Restrictions: Specific limitations on how the software can be used
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Representations: Standard warranties about software functionality and performance
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Term and Termination: Duration of agreement and circumstances for termination
12. Post-Termination Obligations: Actions required after agreement ends
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Source Code Escrow: Terms for source code protection and release conditions, used when source code access might be needed
2. Service Level Agreement: Performance metrics and support standards, included for hosted or maintained software
3. Data Protection: Specific provisions for handling personal data, required if software processes user data
4. Third-Party Software: Terms relating to incorporated third-party software components
5. Export Control: Compliance with export regulations, needed for international distribution
6. Professional Services: Terms for additional services like implementation or training
7. Audit Rights: Right to audit licensee's use of software, important for complex licensing models
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed pricing structure, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support Services: Details of maintenance and support services if included
5. Schedule 5 - Service Levels: Detailed performance metrics and service level commitments
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Territory: Detailed description of geographic territories where license is valid
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
E-commerce
Gaming and Entertainment
Government and Public Sector
Relevant Teams
Legal
Information Technology
Software Development
Procurement
Sales
Compliance
Commercial Operations
Product Management
Contract Administration
Risk Management
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
Chief Technology Officer
IT Director
Software Development Manager
Commercial Director
Procurement Manager
Compliance Officer
Sales Director
Business Development Manager
Product Manager
Legal Operations Manager
Software Asset Manager
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