This Commercial Software License agreement template is designed for use in Malaysia when a software provider wishes to license their proprietary software to business customers. The document complies with Malaysian legislation and commercial practices, incorporating necessary provisions under the Contracts Act 1950, Copyright Act 1987, and other relevant laws. It is particularly suitable for software companies operating in Malaysia or international companies licensing software to Malaysian businesses. The agreement includes comprehensive terms covering license grant, usage restrictions, fees, intellectual property protection, warranties, and liability limitations, while addressing specific Malaysian legal requirements such as data protection compliance and electronic commerce regulations. This template serves as a foundation for negotiating and documenting software licensing arrangements in the Malaysian business context.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of software, and business relationship
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope of license, permitted uses, and territory restrictions
5. License Restrictions: Prohibited activities and usage limitations
6. Fees and Payment: License fees, payment terms, taxes, and late payment consequences
7. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Disclaimers: Software warranties, performance guarantees, and limitations
10. Limitation of Liability: Caps on liability and excluded damages
11. Term and Termination: Duration, renewal terms, termination rights, and consequences
12. Post-Termination Obligations: Actions required after agreement ends
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Implementation Services: Terms for software installation, configuration, and deployment services
2. Support and Maintenance: Terms for ongoing technical support and software updates
3. Service Levels: Performance metrics, availability commitments, and remedies
4. Data Protection: Compliance with PDPA and data handling requirements
5. Security Requirements: Security standards, audits, and breach notification procedures
6. Third-Party Components: Terms relating to third-party software or open-source components
7. Export Control: Compliance with export laws and restrictions
8. Disaster Recovery: Business continuity and disaster recovery obligations
1. Software Description: Technical specifications and functionality of the licensed software
2. License Fees: Detailed fee structure, payment schedules, and pricing terms
3. Service Level Agreement: Detailed performance metrics and service level commitments
4. Support Services: Description of support tiers, response times, and escalation procedures
5. Acceptable Use Policy: Detailed rules and guidelines for software usage
6. Security Requirements: Detailed security standards and compliance requirements
7. Data Processing Terms: Detailed data handling procedures and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Government
Energy
Construction
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Commercial
Finance
Risk Management
Technical Operations
Software Development
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Contract Manager
Information Security Officer
Compliance Officer
Commercial Director
Business Development Manager
Chief Information Officer
VP of Engineering
Technical Operations Manager
Risk Manager
Software Asset Manager
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