The Enterprise License Agreement serves as the primary contractual framework for organizations seeking to license enterprise-level software solutions in Malaysia. This document is essential when a business requires comprehensive software licensing arrangements that go beyond standard commercial terms, typically involving multiple users, complex deployment requirements, and specific service level commitments. The agreement must comply with Malaysian legal requirements while addressing enterprise-specific concerns such as data protection, system integration, and support services. It is particularly relevant for large-scale software implementations where customization, ongoing support, and clear definition of usage rights are crucial. The document typically includes detailed provisions for intellectual property protection, confidentiality, warranty terms, and liability limitations, all structured within the Malaysian legal framework.
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1. Parties: Identification and details of the licensor and licensee entities
2. Background: Context of the agreement and brief description of the software product being licensed
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the license, including usage rights and restrictions
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment: License fees, payment terms, and related financial obligations
7. Intellectual Property Rights: Protection and ownership of IP rights related to the software
8. Confidentiality: Obligations regarding confidential information exchange
9. Warranties and Representations: Warranties provided by both parties and limitations
10. Limitation of Liability: Scope of liability and indemnification provisions
11. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes
1. Data Protection: Specific provisions for handling personal data under PDPA 2010, required if software processes personal data
2. Service Levels: Performance standards and metrics, needed if software availability guarantees are required
3. Professional Services: Terms for additional services like implementation or training, if offered
4. Source Code Escrow: Provisions for source code protection, relevant for business-critical applications
5. Export Control: Compliance with export regulations, needed if international usage is involved
6. Disaster Recovery: Business continuity provisions, important for critical enterprise applications
7. Change Control: Procedures for managing changes to the software or agreement terms
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees: Detailed breakdown of all applicable fees and payment schedules
3. Service Level Agreement: Detailed performance metrics, response times, and support levels
4. Authorized Users: Definition and scope of authorized users and usage restrictions
5. Technical Requirements: Hardware and software requirements for running the licensed software
6. Support Services: Details of maintenance and support services provided
7. Data Processing Agreement: Specific terms for personal data processing compliance
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Enterprise License Agreement
A Malaysian law-governed agreement for enterprise software licensing, defining terms between software providers and enterprise customers.
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