The Perpetual Software License Agreement serves as a crucial legal framework for software deployment in the Malaysian market. This document is essential when organizations or individuals seek to acquire permanent rights to use software products without subscription-based or time-limited restrictions. It addresses key aspects such as intellectual property rights, usage permissions, technical support, and compliance with Malaysian regulations including the Copyright Act 1987, Personal Data Protection Act 2010, and Electronic Commerce Act 2006. The agreement is particularly relevant for enterprise software implementations, custom software deployments, and significant software acquisitions where long-term usage rights are desired rather than subscription-based models.
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1. Parties: Identification of the licensor and licensee with full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the perpetual license, including permitted uses and restrictions
5. License Fees: One-time license fee, payment terms, and any additional costs
6. Intellectual Property Rights: Confirmation of licensor's ownership and IP rights in the software
7. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance criteria
8. Use Restrictions: Specific limitations on use, copying, modification, and distribution of the software
9. Maintenance and Support: Terms of ongoing technical support and maintenance services, if any
10. Warranties and Representations: Warranties regarding software performance, ownership, and non-infringement
11. Limitation of Liability: Limitations on liability and disclaimers consistent with Malaysian law
12. Confidentiality: Protection of confidential information exchanged during the relationship
13. Term and Termination: Duration of perpetual license and grounds for termination
14. Effects of Termination: Consequences of agreement termination and surviving obligations
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Third-Party Software: Include when the software incorporates third-party components or dependencies
2. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
3. Data Protection: Include when software processes personal data under Malaysian PDPA
4. Export Controls: Include for software subject to export control regulations
5. Professional Services: Include when additional implementation or consulting services are provided
6. Service Level Agreement: Include when specific performance levels are guaranteed
7. Audit Rights: Include when licensor requires rights to audit licensee's use of software
8. Insurance: Include when specific insurance coverage is required from either party
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment schedule
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications for software operation
4. Schedule 4 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance terms
5. Schedule 5 - Acceptance Testing: Acceptance testing procedures and criteria
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Licensed Locations: Approved locations for software installation and use
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Professional Services
Telecommunications
Government
E-commerce
Energy and Utilities
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Risk Management
Vendor Management
Operations
Finance
Business Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Contract Manager
Enterprise Architect
Solutions Architect
IT Security Manager
Business Development Manager
Software Licensing Manager
Technology Risk Manager
Chief Information Officer
VP of Engineering
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