The Computer Software License Agreement is essential for any software deployment in Malaysia, whether for business or consumer use. This document is typically used when a software provider wishes to grant usage rights to their software while retaining ownership of the intellectual property. It covers critical aspects such as license scope, duration, fees, technical requirements, support services, and usage restrictions. The agreement must comply with Malaysian legal requirements, particularly the Copyright Act 1987, Contracts Act 1950, and where applicable, the Personal Data Protection Act 2010. It's suitable for various licensing models including perpetual, subscription-based, or user-based licensing, and can be adapted for both on-premises and cloud-based software solutions.
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1. Parties: Identification of the licensor and licensee with full legal names and registration details
2. Background: Context of the agreement and brief description of the software being licensed
3. Definitions: Defined terms used throughout the agreement, including technical terms specific to the software
4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and usage rights
5. License Restrictions: Specific limitations on use, prohibited activities, and usage boundaries
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software
7. Payment Terms: License fees, payment schedule, and any recurring charges
8. Term and Termination: Duration of the license and circumstances for termination
9. Warranties and Disclaimers: Software performance warranties and standard disclaimers
10. Support and Maintenance: Basic support services and maintenance obligations
11. Confidentiality: Protection of confidential information exchanged
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Source Code Escrow: Terms for source code escrow arrangements, typically used for business-critical applications
2. Professional Services: Terms for implementation, configuration, or customization services if provided
3. Service Level Agreement: Detailed performance metrics and service levels for cloud-based or hosted software
4. Data Protection: Specific data handling and privacy requirements if personal data is processed
5. Audit Rights: Rights to audit usage and compliance, typically for enterprise licenses
6. Export Control: Export compliance terms if the software is subject to export restrictions
7. Third Party Software: Terms relating to incorporated third-party software or open source components
8. Disaster Recovery: Business continuity and disaster recovery obligations for critical software
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Requirements: Hardware and software requirements for operating the software
3. Schedule 3 - License Fees: Detailed breakdown of all applicable fees and payment terms
4. Schedule 4 - Support Services: Detailed description of support and maintenance services
5. Schedule 5 - Service Levels: Technical performance metrics and service level commitments
6. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
7. Appendix B - Security Requirements: Security standards and requirements for software usage
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Professional Services
Telecommunications
Government
E-commerce
Media and Entertainment
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Vendor Management
Finance
Operations
Commercial
Risk Management
Relevant Roles
Chief Technology Officer
IT Director
Software Licensing Manager
Procurement Manager
Legal Counsel
Compliance Officer
Contract Manager
Software Asset Manager
IT Operations Manager
Chief Information Officer
Commercial Director
Technology Procurement Specialist
Vendor Management Officer
Information Security Manager
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