Limited Use Agreements are essential tools for businesses in Malaysia seeking to grant controlled access to their proprietary assets while maintaining ownership and control. This document type is commonly used when organizations need to license software, technology, intellectual property, or other assets while imposing specific restrictions on their use. The Limited Use Agreement includes crucial elements such as scope of permitted use, territorial restrictions, payment terms, and compliance requirements, all aligned with Malaysian legal framework including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010. It serves as a vital instrument for protecting intellectual property rights while enabling commercial exploitation through carefully controlled licensing arrangements.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement and brief description of the subject matter
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of the limited use rights being granted, including any territorial restrictions
5. Permitted Use: Specific details of how the subject matter may be used, including any limitations
6. Restrictions: Clear specifications of prohibited uses and activities
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Fees and Payment: Payment terms, fee structure, and payment schedules if applicable
9. Intellectual Property Rights: Statement of ownership and IP rights retention
10. Confidentiality: Obligations regarding confidential information
11. Warranties and Representations: Warranties provided by each party
12. Limitation of Liability: Limitations on liability and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection: Required when personal data processing is involved, outlining compliance with PDPA 2010
2. Technical Support: Include when technical support or maintenance services are part of the agreement
3. Service Levels: When specific performance metrics or service levels need to be maintained
4. Audit Rights: When the licensor needs rights to audit usage or compliance
5. Insurance: When specific insurance requirements need to be maintained by either party
6. Export Control: When the subject matter is subject to export control regulations
7. Source Code Escrow: For software agreements where source code escrow is required
1. Schedule 1 - Licensed Materials: Detailed description of the materials or items subject to limited use
2. Schedule 2 - Technical Specifications: Technical requirements, specifications, or standards that must be met
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment terms, and calculation methods
4. Schedule 4 - Service Level Requirements: Specific metrics and requirements for service performance if applicable
5. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the licensed materials
6. Appendix B - Support Services: Details of any support or maintenance services provided
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software
Manufacturing
Healthcare
Education
Financial Services
Media and Entertainment
Telecommunications
Professional Services
Research and Development
Relevant Teams
Legal
Intellectual Property
Compliance
Commercial
Business Development
Information Technology
Research & Development
Product Management
Risk Management
Operations
Relevant Roles
Legal Counsel
Licensing Manager
Intellectual Property Manager
Contract Administrator
Business Development Manager
Chief Technology Officer
Compliance Officer
Risk Manager
Commercial Director
Technology License Manager
Product Manager
Innovation Director
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