This On Premise Software License Agreement is designed for use in Malaysia when a software provider grants rights to install and use software within a customer's own infrastructure. The agreement is structured to comply with Malaysian legislation, including the Copyright Act 1987, Contracts Act 1950, and Personal Data Protection Act 2010. It should be used when software is being licensed for installation on the customer's servers or computers, rather than being provided as a cloud service. The document includes essential provisions for license scope, usage rights, intellectual property protection, technical requirements, support services, and compliance obligations. It's particularly important for organizations implementing enterprise software solutions where data security, control, and compliance with local regulations are priority considerations.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, usage rights, and restrictions
5. License Fees: Payment terms, fee structure, and payment schedules
6. Delivery and Installation: Terms for software delivery, installation requirements and process
7. Intellectual Property Rights: Protection of IP rights, ownership declarations, and infringement provisions
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Representations: Software performance warranties and legal compliance guarantees
10. Limitation of Liability: Liability caps and exclusions under Malaysian law
11. Term and Termination: Duration of license, renewal terms, and termination rights
12. Post-Termination: Obligations and rights after agreement termination
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Maintenance and Support: Terms for ongoing support and maintenance services, used when these services are included
2. Professional Services: Terms for implementation, training, or consulting services, included when professional services are required
3. Data Protection: Compliance with PDPA 2010, included when personal data is processed
4. Security Requirements: Specific security standards and requirements, used for high-security implementations
5. Third-Party Components: Terms relating to third-party software components, included when the software incorporates third-party elements
6. Service Levels: Performance metrics and remedies, included when specific performance guarantees are required
7. Disaster Recovery: Disaster recovery and business continuity terms, for business-critical applications
8. Export Control: Export compliance terms, included for international usage
1. Software Description: Detailed technical specifications and functionality of the software
2. License Metrics: Detailed description of how usage is measured and calculated
3. Fee Schedule: Detailed breakdown of all fees and payment terms
4. Technical Requirements: Minimum system requirements and technical specifications
5. Support Services: Detailed support levels, response times, and escalation procedures
6. Acceptable Use Policy: Detailed terms of acceptable use and restrictions
7. Security Requirements: Detailed security protocols and requirements
8. Implementation Plan: Timeline and milestones for software implementation
Relevant legal definitions
Clauses
Relevant Industries
Technology
Banking & Finance
Healthcare
Manufacturing
Education
Government
Retail
Telecommunications
Professional Services
Energy & Utilities
Construction
Transportation & Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Risk Management
Information Security
Operations
Vendor Management
Technical Operations
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
IT Security Manager
Chief Technology Officer
Contract Manager
Enterprise Architect
IT Operations Manager
Chief Financial Officer
Risk Manager
Technical Director
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