The Software License Contract serves as a crucial legal instrument in Malaysia's technology sector, establishing the framework for software distribution and usage rights. This document is essential when a software owner wishes to grant usage rights while retaining ownership of the intellectual property. It complies with Malaysian legislation, particularly the Copyright Act 1987 and Electronic Commerce Act 2006, while incorporating international best practices in software licensing. The contract covers critical aspects including license scope, usage restrictions, fees, warranties, and support terms. It's particularly relevant in today's digital economy where software deployment spans from simple applications to complex enterprise systems. The document can be customized for various licensing models including perpetual, subscription-based, or user-based licensing, and can accommodate both on-premises and cloud-based software solutions.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including usage rights and restrictions
5. License Fees and Payment: Financial terms, payment schedule, and related conditions
6. Intellectual Property Rights: Ownership and protection of IP rights in the software
7. Confidentiality: Protection of confidential information and trade secrets
8. Warranties and Representations: Guarantees regarding software functionality and performance
9. Limitation of Liability: Limits on parties' liability and exclusions
10. Term and Termination: Duration of license and circumstances for termination
11. Post-Termination Obligations: Actions required after agreement ends
12. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures
1. Maintenance and Support: Terms for ongoing support and updates - include if maintenance services are part of the agreement
2. Service Levels: Performance standards and metrics - relevant for enterprise software or critical applications
3. Data Protection and Privacy: Compliance with PDPA 2010 - include if personal data is processed
4. Security Requirements: Specific security standards and protocols - important for sensitive applications
5. Audit Rights: Rights to audit usage and compliance - relevant for enterprise licenses
6. Source Code Escrow: Terms for source code protection - include if source code access is critical
7. Export Control: Export regulations compliance - necessary for international licensing
8. Insurance: Insurance requirements - relevant for high-value or high-risk implementations
1. Software Description: Detailed technical specifications and functionality of the software
2. License Fees Schedule: Detailed breakdown of all fees, payment terms and calculations
3. Service Level Agreement: Detailed performance metrics, response times, and service standards
4. Technical Requirements: Hardware, software, and network requirements for operation
5. Support and Maintenance Services: Detailed description of support services, response times, and procedures
6. Acceptable Use Policy: Detailed terms of acceptable use and restrictions
7. Data Processing Agreement: Detailed terms for handling personal data if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Government and Public Sector
Telecommunications
Professional Services
E-commerce
Media and Entertainment
Transportation and Logistics
Energy and Utilities
Construction
Real Estate
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Finance
Operations
Information Security
Software Development
Commercial
Vendor Management
Technical Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Software Development Manager
Procurement Manager
Compliance Officer
Contract Manager
Software Licensing Specialist
IT Asset Manager
Chief Information Officer
Chief Legal Officer
Information Security Manager
Risk Manager
Commercial Director
Technical Operations Manager
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