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Open Source Software License Template for Malaysia

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Key Requirements PROMPT example:

Open Source Software License

"I need an Open Source Software License for my enterprise analytics software, compliant with Malaysian law, that includes strong patent protection clauses and specific terms for commercial users while maintaining the ability for users to modify and redistribute the code."

Document background
This Open Source Software License is designed for use in Malaysia by software developers, companies, and organizations who wish to make their software freely available while maintaining certain controls and protections. The document complies with Malaysian legislation, including the Copyright Act 1987, Contracts Act 1950, and Consumer Protection Act 1999. It provides a comprehensive framework for licensing software under open source terms while addressing specific Malaysian legal requirements. The license should be used when releasing software intended for public use, modification, and distribution, particularly when the software will be primarily used or distributed within Malaysia. It includes essential provisions for intellectual property protection, liability limitations, and usage terms, structured to be enforceable under Malaysian law while adhering to international open source principles.
Suggested Sections

1. Parties: Identifies the licensor (copyright holder) and the licensee (any person or entity who uses the software)

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

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', and 'Contribution'

4. Grant of License: Specifies the rights granted to licensees, including rights to use, modify, and distribute the software

5. Conditions: Lists the conditions under which the license is granted, including attribution requirements and source code availability

6. Intellectual Property: Clarifies ownership of the original work and derivative works

7. Disclaimer of Warranty: States that the software is provided 'as is' without warranties, in compliance with Malaysian law

8. Limitation of Liability: Limits the licensor's liability to the extent permitted by Malaysian law

9. Termination: Specifies conditions under which the license may be terminated and the consequences of termination

Optional Sections

1. Patent License: Includes explicit patent license grants when the software may be subject to patent protection

2. Contribution: Defines terms for accepting contributions from third parties when the project is intended to be collaborative

3. Export Controls: Added when the software may be subject to export control regulations

4. Data Protection: Required when the software processes personal data, ensuring compliance with Malaysian Personal Data Protection Act

5. Governing Law and Jurisdiction: While Malaysian law governs, this section can specify specific courts or dispute resolution mechanisms

6. Language: Specifies that English version prevails when multiple language versions exist

Suggested Schedules

1. Schedule A - Software Description: Detailed description of the software, including components and third-party dependencies

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

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

4. Appendix A - Usage Guidelines: Guidelines for proper use and distribution of the software

Authors

Alex Denne

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

Relevant legal definitions






























Clauses




















Relevant Industries

Technology

Software Development

Information Technology

E-commerce

Financial Services

Healthcare Technology

Education Technology

Manufacturing Software

Cloud Services

Mobile Applications

Enterprise Software

Gaming and Entertainment

Relevant Teams

Legal

Software Development

Compliance

Product Development

Information Technology

Intellectual Property

Research and Development

Risk Management

Technical Documentation

Open Source Program Office

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Product Manager

Development Team Lead

Compliance Officer

Open Source Program Manager

Software Architect

Technical Director

Legal Operations Manager

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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