This Floating Software License agreement is designed for use when implementing network-based software licensing arrangements in Malaysia, where multiple users within an organization need to share access to software applications through a concurrent licensing model. The document addresses key aspects required under Malaysian law, including compliance with the Personal Data Protection Act 2010, Copyright Act 1987, and Electronic Commerce Act 2006. It is particularly suitable for organizations seeking to optimize software licensing costs while maintaining control over user access and usage monitoring. The agreement includes essential provisions for license server configuration, authentication mechanisms, usage restrictions, and data protection measures, making it appropriate for both domestic Malaysian deployments and international organizations operating within Malaysian jurisdiction.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company registration numbers
2. Background: Context of the agreement, brief description of the software, and purpose of the floating license arrangement
3. Definitions: Definitions of key terms including 'Concurrent Users', 'License Server', 'Authorized Network', 'Usage Metrics'
4. Grant of License: Scope of license, concurrent user limits, and territory restrictions
5. License Server and Authentication: Requirements for license server setup, authentication mechanisms, and network configuration
6. Usage Restrictions: Limitations on use, prohibited activities, and user access controls
7. Monitoring and Compliance: License monitoring, audit rights, and reporting requirements
8. License Fees: Payment terms, fee calculation methods, and payment schedules
9. Data Protection: Compliance with PDPA 2010, data collection policies, and privacy measures
10. Intellectual Property Rights: Ownership of IP, protection of rights, and infringement procedures
11. Term and Termination: Duration, renewal terms, and termination conditions
12. Warranties and Limitations: Software performance warranties, disclaimer of warranties, and limitation of liability
13. General Provisions: Standard clauses including notices, governing law, and dispute resolution
1. Service Level Agreement: Detailed service levels and support commitments, recommended for enterprise-level agreements
2. Disaster Recovery: Procedures for license server failures and emergency access provisions
3. Third-Party Integration: Terms for integration with other software systems, needed if software interfaces with other applications
4. Export Control: Export restrictions and compliance requirements, necessary for international use
5. Training and Support: Terms for user training and technical support, recommended for complex software
6. Custom Development: Terms for customization and modification rights, needed if software customization is offered
7. Beta Testing: Terms for beta feature testing and feedback, useful for evolving software products
1. Schedule 1 - Software Description: Detailed description of software, modules, and features
2. Schedule 2 - Technical Requirements: System requirements, network specifications, and installation prerequisites
3. Schedule 3 - License Metrics: Detailed explanation of usage measurement and concurrent user calculations
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methods
5. Schedule 5 - Support Services: Support level details, response times, and escalation procedures
6. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix B - Data Processing Agreement: Detailed terms for handling personal data in compliance with PDPA 2010
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Education
Healthcare
Financial Services
Manufacturing
Professional Services
Government
Telecommunications
Research and Development
Engineering
Consulting
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Asset Management
Enterprise Architecture
Operations
Risk Management
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Software Licensing Manager
Legal Counsel
Procurement Manager
Information Security Officer
Systems Administrator
Contract Manager
Technology Compliance Officer
Enterprise Architect
Software Asset Manager
IT Operations Manager
Chief Information Officer
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