The License And Service Agreement is essential for businesses operating in Malaysia that provide both licensed materials (such as software, content, or technology) and related services to their customers. This document type is particularly relevant when the licensing of intellectual property is intrinsically connected to the provision of services, such as software licensing with implementation services, content distribution with maintenance support, or technology licensing with technical assistance. The agreement must comply with Malaysian legal requirements, including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010, while addressing both the commercial and technical aspects of the relationship between the provider and customer. It is commonly used in technology transactions, digital service delivery, and content distribution arrangements where ongoing service support is crucial to the effective use of the licensed materials.
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1. Parties: Identification of the licensor/service provider and licensee/customer, including registration details and addresses
2. Background: Context of the agreement, brief description of the licensed materials and services
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. License Grant: Scope of license, permitted uses, restrictions, and territory limitations
5. Service Provisions: Description of services, service levels, and performance standards
6. Term and Termination: Duration of agreement, renewal terms, and termination circumstances
7. Fees and Payment: License fees, service charges, payment terms, and late payment consequences
8. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: Compliance with PDPA 2010 and data handling requirements
11. Warranties and Representations: Warranties regarding licensed materials and services
12. Limitation of Liability: Liability caps and exclusions
13. Indemnification: Mutual indemnification obligations
14. Force Majeure: Events excusing performance
15. Governing Law and Jurisdiction: Malaysian law application and dispute resolution procedures
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Source Code Escrow: Include when software source code protection is required for business continuity
2. Professional Services: Include when additional implementation or consulting services are provided
3. Training and Support: Include when specific training or support obligations are part of the agreement
4. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
5. Export Control: Include when licensed materials are subject to export regulations
6. Anti-Corruption: Include for compliance with Malaysian anti-corruption laws in high-value agreements
7. Insurance: Include when specific insurance coverage is required
8. Change Control: Include when formal processes for changes to services or licensed materials are needed
1. Schedule 1 - Licensed Materials: Detailed description of software, content, or other licensed materials
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees and service charges
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for using licensed materials
5. Schedule 5 - Support Services: Details of support services, response times, and escalation procedures
6. Schedule 6 - Data Processing Agreement: Detailed terms for personal data processing compliance
7. Appendix A - Authorized Users: List of authorized users or user categories
8. Appendix B - Acceptable Use Policy: Rules and restrictions for using licensed materials and services
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Digital Services
Cloud Computing
Education Technology
Healthcare Technology
Financial Services
E-commerce
Media and Entertainment
Telecommunications
Manufacturing
Professional Services
Relevant Teams
Legal
Information Technology
Sales
Finance
Procurement
Compliance
Operations
Commercial
Business Development
Product Development
Service Delivery
Customer Success
Risk Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Licensing Manager
Contract Manager
Commercial Director
IT Director
Head of Sales
Chief Financial Officer
Procurement Manager
Compliance Officer
Business Development Manager
Service Delivery Manager
Account Executive
Product Manager
Operations Director
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