This Non-Perpetual License agreement template is designed for businesses and individuals operating under Malaysian jurisdiction who need to establish temporary licensing arrangements for software, technology, or other intellectual property. The document is particularly relevant when parties wish to grant time-limited rights to use proprietary material while maintaining clear ownership and control. It includes comprehensive provisions for license scope, duration, termination rights, and usage restrictions, all aligned with Malaysian legal requirements, particularly the Copyright Act 1987 and Contracts Act 1950. The agreement is structured to protect both licensor and licensee interests while providing flexibility for various licensing scenarios.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed material
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted, including any territorial restrictions
5. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
6. License Fees: Payment terms, fee structure, and payment schedule
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Use Restrictions: Limitations and restrictions on the use of licensed material
9. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
10. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Export Controls: Required if the licensed material is subject to export control regulations
2. Source Code Escrow: Included when dealing with software licenses where source code protection is needed
3. Support and Maintenance: Details of technical support and maintenance if offered with the license
4. Audit Rights: Right to audit licensee's use of licensed material, included for high-value licenses
5. Insurance: Insurance requirements, typically included for high-risk licenses
6. Data Protection: Required if personal data processing is involved in the licensed activities
7. Assignment and Sublicensing: Included when specific restrictions on transfer of rights are needed
1. Schedule 1 - Licensed Material: Detailed description of the material being licensed
2. Schedule 2 - License Fees: Detailed breakdown of fees, payment terms and calculations
3. Schedule 3 - Technical Specifications: Technical details and requirements for the licensed material
4. Schedule 4 - Support Services: Detailed description of any support services included
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed material
6. Appendix B - Service Level Agreement: Performance standards and metrics if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Media and Entertainment
Manufacturing
Education
Research and Development
Healthcare
Financial Services
Telecommunications
Professional Services
Relevant Teams
Legal
Intellectual Property
Commercial
Procurement
Information Technology
Software Development
Risk and Compliance
Business Development
Operations
Product Management
Relevant Roles
Legal Counsel
Licensing Manager
Intellectual Property Manager
Contract Administrator
Business Development Manager
Technology Director
Software Development Manager
Chief Technology Officer
Commercial Director
Procurement Manager
Risk Manager
Compliance Officer
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