The Shared Software License agreement is essential for organizations seeking to establish legal and operational frameworks for shared software usage in Malaysia. This document type is particularly relevant when multiple entities need to access and utilize the same software platform under a single licensing arrangement. The agreement ensures compliance with Malaysian legislation, including the Copyright Act 1987, Contracts Act 1950, and relevant digital commerce laws. It covers crucial aspects such as licensing terms, usage rights, maintenance responsibilities, cost allocation, and liability provisions. The document is structured to protect both the software provider's intellectual property rights and the licensees' usage rights while maintaining clarity on shared responsibilities and obligations.
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1. Parties: Identification of the licensor and all licensees involved in the shared license arrangement
2. Background: Context of the agreement, nature of the software, and purpose of the shared licensing arrangement
3. Definitions: Detailed definitions of technical terms, parties, software components, and key concepts used throughout the agreement
4. Grant of License: Specific terms of the license grant, including scope, territory, and nature of sharing arrangements
5. License Restrictions: Clear limitations on use, copying, modification, and distribution of the software
6. Payment Terms: License fees, payment schedule, and cost-sharing arrangements between licensees
7. Intellectual Property Rights: Assertion of ownership rights and protection of intellectual property
8. Confidentiality: Protection of confidential information and trade secrets
9. Warranties and Representations: Warranties regarding software functionality, ownership, and non-infringement
10. Limitation of Liability: Limits on liability and allocation of risks between parties
11. Term and Termination: Duration of the license and conditions for termination
12. Post-Termination Obligations: Requirements and restrictions after agreement termination
13. General Provisions: Standard clauses including governing law, notices, and dispute resolution
1. Professional Services: Terms for additional services like installation, training, or maintenance
2. Service Level Agreement: Performance standards and support commitments, if ongoing support is provided
3. Data Protection: Specific provisions for handling personal data if the software processes user information
4. Source Code Escrow: Terms for source code escrow arrangements if agreed between parties
5. Custom Development: Terms for any customization or development work to be performed
6. Export Control: Compliance with export control laws if software is used internationally
7. Audit Rights: Rights to audit usage and compliance with license terms
8. Insurance: Insurance requirements for parties if significant risks are involved
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Specifications: Technical requirements, system specifications, and compatibility requirements
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment structure
4. Schedule 4 - Support Services: Details of support services, response times, and escalation procedures
5. Schedule 5 - Authorized Users: List of authorized users or user categories and their access rights
6. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the software
7. Appendix B - Security Requirements: Security standards and requirements for software usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Education
Telecommunications
E-commerce
Government and Public Sector
Research and Development
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Information Security
Finance
Business Development
Project Management
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Licensing Manager
Procurement Manager
Contract Administrator
Information Security Officer
Compliance Officer
Technology Risk Manager
Business Development Manager
Project Manager
Software Asset Manager
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