This Site Software License agreement is designed for use in Malaysia when organizations or individuals need to license software for use at specific physical locations or premises. The document establishes the legal framework for software deployment, usage, and maintenance at designated sites, ensuring compliance with Malaysian legislation including the Copyright Act 1987, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It is particularly relevant for businesses requiring software deployment across multiple locations or those needing to restrict software usage to specific sites. The agreement covers essential elements such as license scope, authorized users, technical requirements, support services, and compliance obligations, while protecting both licensor and licensee interests through clear terms and conditions.
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1. Parties: Identification of the licensor and licensee, including registration details and addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the site license
3. Definitions: Key terms including 'Site', 'Software', 'Authorized Users', 'License Period', and other relevant definitions
4. License Grant: Scope of the site license, permitted uses, and territorial limitations
5. License Restrictions: Specific prohibitions and limitations on software use
6. Site and User Requirements: Definition of the licensed site(s) and specifications for authorized users
7. Technical Requirements: Hardware, network, and system requirements for software operation
8. Support and Maintenance: Terms for technical support and software updates
9. Fees and Payment: License fees, payment terms, and any recurring charges
10. Intellectual Property Rights: Ownership and protection of software IP rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Disclaimers: Software performance warranties and limitation of warranties
13. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
14. Term and Termination: Duration of license and grounds for termination
15. Post-Termination Obligations: Actions required upon agreement termination
16. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection: Required if the software processes personal data, ensuring compliance with PDPA 2010
2. Disaster Recovery: Optional section for critical software implementations requiring business continuity measures
3. Third-Party Software: Required if the software incorporates third-party components or dependencies
4. Export Controls: Required for software with international use restrictions or encryption capabilities
5. Source Code Escrow: Optional section for business-critical software requiring source code protection
6. Service Level Agreement: Optional section defining performance metrics and service levels
7. Training and Implementation: Optional section for complex software requiring user training and setup
8. Audit Rights: Optional section allowing licensor to verify compliance with license terms
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Licensed Sites: List and details of authorized installation and usage locations
3. Schedule 3 - Technical Specifications: Detailed technical requirements and specifications for software operation
4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment terms
5. Schedule 5 - Support Services: Detailed description of support and maintenance services
6. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for software usage
7. Appendix B - Security Requirements: Security protocols and requirements for software implementation
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Healthcare
Education
Financial Services
Retail
Hospitality
Construction
Professional Services
Government
Technology
Telecommunications
Energy and Utilities
Logistics and Transportation
Relevant Teams
Legal
Information Technology
Procurement
Operations
Compliance
Finance
Risk Management
Information Security
Facilities Management
Contract Administration
Relevant Roles
Chief Information Officer
IT Director
Procurement Manager
Legal Counsel
Software Licensing Manager
Facilities Manager
IT Infrastructure Manager
Compliance Officer
Chief Technology Officer
Operations Manager
Site Manager
Contract Administrator
Information Security Manager
Risk Manager
Chief Financial Officer
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