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Software License And Maintenance Agreement

Software License And Maintenance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software License And Maintenance Agreement

"I need a Software License and Maintenance Agreement for enterprise-level accounting software to be deployed across our Malaysian banking operations, with strict data protection compliance and 24/7 maintenance support requirements."

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Document background
This Software License and Maintenance Agreement is essential for organizations in Malaysia seeking to formalize their software acquisition and support arrangements. It is designed to comply with Malaysian legislation, including the Copyright Act 1987, Personal Data Protection Act 2010, and Electronic Commerce Act 2006. The agreement is typically used when a business needs to license software for its operations while ensuring ongoing maintenance and support. It covers critical aspects such as license scope, usage restrictions, maintenance services, service levels, fees, intellectual property rights, and data protection requirements. This document is particularly important in the Malaysian context where software licensing must align with local regulatory requirements and business practices.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, including brief description of the software and purpose of the license

3. Definitions: Definitions of key terms used throughout the agreement, including Software, Documentation, Maintenance Services, and Updates

4. Grant of License: Scope of the license, usage rights, restrictions, and territory limitations

5. License Fees and Payment: Financial terms, payment schedule, and consequences of non-payment

6. Maintenance Services: Description of maintenance services, service levels, and support procedures

7. Intellectual Property Rights: Ownership of IP rights, protection measures, and infringement procedures

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: Compliance with PDPA 2010 and data handling requirements

10. Warranties and Representations: Software performance warranties and service quality guarantees

11. Limitation of Liability: Caps on liability and exclusions of certain types of damages

12. Term and Termination: Duration of agreement, renewal terms, and termination rights

13. Post-Termination Obligations: Actions required after agreement termination

14. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Third-Party Software: Include when the software incorporates third-party components requiring separate license terms

2. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

3. Professional Services: Include when additional implementation or customization services are provided

4. Export Controls: Include when software is subject to export control regulations

5. Disaster Recovery: Include when specific disaster recovery and business continuity measures are required

6. Service Level Agreement: Include when specific performance metrics and service levels are guaranteed

7. Change Control: Include when formal procedures for changes to software or services are required

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including modules and functionality

2. Schedule 2 - Technical Requirements: Hardware and software requirements for operating the software

3. Schedule 3 - Maintenance Services: Detailed scope of maintenance services, response times, and support procedures

4. Schedule 4 - Service Levels: Performance metrics, availability requirements, and remedy mechanisms

5. Schedule 5 - Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment terms

6. Schedule 6 - Authorized Users: Definition of authorized users and usage limitations

7. Appendix A - Data Processing Agreement: Specific terms for personal data processing in compliance with PDPA 2010

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions

































Clauses






























Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Education

Telecommunications

Professional Services

Government

E-commerce

Banking

Insurance

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Operations

Finance

Information Security

Risk Management

Vendor Management

Software Asset Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software License Manager

Contract Administrator

IT Operations Manager

Compliance Officer

Chief Information Officer

Software Asset Manager

Technology Procurement Specialist

Legal Operations Manager

IT Security 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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