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Source Code Transfer Agreement

Source Code Transfer Agreement Template for Malaysia

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Key Requirements PROMPT example:

Source Code Transfer Agreement

"I need a Source Code Transfer Agreement for transferring ownership of our e-commerce platform's source code to a major retail company, including all associated APIs and databases, with ongoing technical support for 6 months after the transfer date of March 1, 2025."

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Document background
The Source Code Transfer Agreement is a crucial legal instrument used when one party wishes to transfer complete ownership and control of software source code to another party under Malaysian law. This document is typically employed in scenarios such as company acquisitions, software asset sales, or when transitioning development projects between organizations. It comprehensively covers the transfer of intellectual property rights, technical specifications, warranties, and compliance with Malaysian legislation including the Copyright Act 1987, Contracts Act 1950, and Digital Signature Act 1997. The agreement is essential for protecting both parties' interests by clearly defining the scope of transfer, ensuring proper documentation of the code being transferred, and establishing clear terms for payment, delivery, and acceptance of the source code.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including full legal names and registered addresses

2. Background: Context of the transfer, brief description of the source code, and purpose of the agreement

3. Definitions: Definitions of key terms including 'Source Code', 'Intellectual Property Rights', 'Documentation', and other technical terms

4. Transfer of Source Code: Details of what is being transferred, including all components, versions, and associated materials

5. Transfer of Rights: Assignment of intellectual property rights, including copyright and any associated rights

6. Delivery and Acceptance: Process for delivering the source code, acceptance testing procedures, and acceptance criteria

7. Payment Terms: Amount, payment schedule, and method of payment

8. Representations and Warranties: Warranties regarding ownership, non-infringement, quality, and functionality of the source code

9. Confidentiality: Obligations to maintain confidentiality of the source code and associated information

10. Liability and Indemnification: Limitations of liability and indemnification provisions

11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Technical Support and Maintenance: Include when the transferor will provide ongoing support or maintenance services

2. Third-Party Components: Include when the source code contains third-party libraries or components

3. Training: Include when the transferor will provide training on the source code

4. Escrow Arrangements: Include when source code will be held in escrow before final transfer

5. Integration Services: Include when assistance with integration into existing systems is required

6. Non-Competition: Include when restricting transferor's future development of similar software

7. Data Protection: Include when the source code processes personal data

8. Export Control: Include when the transfer involves cross-border elements

Suggested Schedules

1. Schedule 1 - Source Code Description: Detailed technical specification and description of the source code

2. Schedule 2 - Intellectual Property Rights: List of all intellectual property rights being transferred, including patents, copyrights, and trademarks

3. Schedule 3 - Third-Party Components: List of all third-party components, libraries, and associated licenses

4. Schedule 4 - Acceptance Testing Procedures: Detailed procedures for testing and accepting the source code

5. Schedule 5 - Documentation: List of all documentation being transferred with the source code

6. Schedule 6 - Payment Schedule: Detailed breakdown of payment amounts and timing

7. Appendix A - Technical Requirements: Technical specifications and requirements for the source code

8. Appendix B - Known Issues and Limitations: List of known bugs, issues, and limitations of the source code

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

Software Development

Financial Services

Healthcare Technology

E-commerce

Manufacturing Technology

Telecommunications

Educational Technology

Gaming and Entertainment

Enterprise Software

Artificial Intelligence and Machine Learning

IoT and Connected Devices

Relevant Teams

Legal

Software Development

Information Technology

Procurement

Compliance

Intellectual Property

Technical Operations

Research and Development

Product Development

Contract Administration

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

IP Attorney

Software Engineer

Technical Director

Chief Information Officer

Procurement Manager

Contract Manager

Technology Transfer Officer

Software Architect

Development Team Lead

Chief Legal Officer

Technology Acquisition Manager

IT Director

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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