This Permanent Software License agreement is designed for use in Malaysia when a software provider grants a perpetual, non-revocable license to a customer. It is particularly relevant when organizations need to establish long-term software usage rights without subscription-based or time-limited restrictions. The document incorporates requirements from Malaysian legislation, including the Copyright Act 1987, Contracts Act 1950, and Electronic Commerce Act 2006. It covers essential elements such as license scope, usage restrictions, intellectual property protection, warranties, and liability limitations. This agreement type is commonly used for enterprise software implementations, custom-developed solutions, or when organizations prefer ownership-like rights rather than subscription-based access.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement and brief description of the software product
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope and nature of the permanent license, including permitted uses and users
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Assertion of ownership and protection of IP rights in the software
7. Delivery and Installation: Terms for software delivery, installation requirements and acceptance criteria
8. Fees and Payment: One-time license fee, payment terms and any additional charges
9. Warranties: Software performance warranties and disclaimers
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Confidentiality: Protection of confidential information exchanged under the agreement
12. Term and Termination: Duration of the agreement and grounds for termination despite permanent license
13. Governing Law and Jurisdiction: Application of Malaysian law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including assignment, severability, and entire agreement
1. Maintenance and Support: Optional terms for ongoing support and maintenance services, if offered
2. Third-Party Components: Terms relating to third-party software components, if any are included
3. Data Protection: Compliance with PDPA 2010 if software processes personal data
4. Export Controls: If software is subject to export regulations
5. Source Code Escrow: Terms for source code escrow if agreed between parties
6. Training: Terms for user training if included in the agreement
7. Audit Rights: Right to audit licensee's use of software if required
8. Insurance: Insurance requirements if specific coverage is needed
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fee: Detailed breakdown of the one-time license fee and payment schedule
3. Schedule 3 - Minimum System Requirements: Technical requirements for operating the software
4. Schedule 4 - Acceptance Testing: Acceptance testing procedures and criteria
5. Schedule 5 - Support Services: Details of any support services if included
6. Schedule 6 - Authorized Users: List of authorized users or user categories if license is restricted
7. Appendix A - Third-Party Licenses: Copies of relevant third-party software licenses
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology Services
Enterprise Software
Financial Services
Healthcare
Manufacturing
Retail
Education
Government
Telecommunications
Professional Services
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Software Development
Information Security
Operations
Finance
Strategic Planning
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Contract Manager
Information Security Officer
Chief Information Officer
Technology Procurement Specialist
Software Asset Manager
Corporate Counsel
Compliance Officer
Enterprise Architect
IT Operations Manager
Risk Manager
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