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Open Source License Agreement for Malaysia

Open Source License Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that sets forth the terms and conditions for the distribution, modification, and use of open source software. This document establishes the rights and obligations of both the software provider and users, including provisions for copyright protection, warranty disclaimers, and liability limitations in accordance with Malaysian legislation. It incorporates specific requirements under Malaysian Copyright Act 1987 and addresses key aspects of software licensing while maintaining open source principles and ensuring compliance with local legal requirements.

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Open Source License Agreement

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What is a Open Source License Agreement?

The Open Source License Agreement is essential for organizations and individuals releasing software under open source terms in Malaysia. This document is typically used when software developers or organizations want to make their code freely available while maintaining certain controls and protections under Malaysian law. It includes crucial provisions regarding intellectual property rights, usage terms, modification rights, and redistribution requirements, all aligned with Malaysian legal framework, particularly the Copyright Act 1987 and Contracts Act 1950. The agreement balances open source principles with legal protection, making it suitable for both commercial and non-commercial software distribution. It's particularly important for ensuring compliance with local Malaysian legal requirements while maintaining international open source standards.

What sections should be included in a Open Source License Agreement?

1. Parties: Identification of the licensor and definition of licensees/users

2. Background: Context of the software, its purpose, and the intent to license it under open source terms

3. Definitions: Key terms including 'Software', 'Source Code', 'Derivative Works', 'Contribution', 'License'

4. Grant of License: Scope of rights granted, including use, modification, and distribution rights

5. Acceptance: Terms of acceptance of the license conditions

6. Restrictions: Limitations on the use and distribution of the software

7. Distribution Obligations: Requirements for redistributing the software

8. Copyright Notices: Requirements for maintaining copyright and attribution notices

9. Disclaimer of Warranty: Explicit disclaimer of warranties under Malaysian law

10. Limitation of Liability: Limitations on liability consistent with Malaysian law

11. Termination: Conditions under which the license may be terminated

12. Governing Law: Specification of Malaysian law as governing law

What sections are optional to include in a Open Source License Agreement?

1. Patent Grant: Include when the software may involve patented technology

2. Contribution Agreement: Include when accepting community contributions is anticipated

3. Commercial Use Provisions: Include when different terms apply to commercial usage

4. Export Control: Include when software may be subject to export restrictions

5. Data Protection: Include when software processes personal data

6. Trademark Use: Include when trademark usage needs to be regulated

7. Network Use: Include when software may be provided as a network service

What schedules should be included in a Open Source License Agreement?

1. Schedule 1 - Software Description: Detailed description of the licensed software and components

2. Schedule 2 - Third-Party Components: List of third-party components and their respective licenses

3. Schedule 3 - Attribution Notices: Required attribution and copyright notices

4. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software

5. Appendix B - Contribution Guidelines: Guidelines for contributing to the software project

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions



































Clauses


























Relevant Industries

Technology

Software Development

Financial Services

Healthcare

Education

Manufacturing

Telecommunications

E-commerce

Research & Development

Government

Non-profit Organizations

Media & Entertainment

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Research & Development

Product Management

Intellectual Property

Risk Management

Operations

Open Source Program Office

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Software Architect

Project Manager

Compliance Officer

Open Source Program Manager

Software License Manager

Legal Operations Manager

Development Team Lead

Chief Information Officer

IP Rights Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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