This SaaS EULA is essential for any software company providing cloud-based services to users in Malaysia. The document should be used when deploying software services to Malaysian users, whether individual consumers or business entities. The agreement comprehensively covers service access rights, usage terms, data protection requirements, and compliance with Malaysian legislation. As a SaaS EULA, it specifically addresses cloud-based delivery models and includes provisions for service availability, data handling, and user obligations. The document integrates requirements from Malaysian data protection, consumer protection, and electronic commerce laws, making it suitable for both local and international software providers operating in the Malaysian market.
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1. Parties: Identification of the service provider and the user/licensee
2. Background: Brief context about the software service and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, permitted uses, and access rights to the software service
5. Service Access and Availability: Terms regarding access to the service, availability, and maintenance
6. User Obligations: User responsibilities, acceptable use policy, and account security requirements
7. Data Protection and Privacy: Compliance with PDPA and handling of personal data
8. Intellectual Property Rights: Protection of IP rights, ownership of data, and restrictions
9. Fees and Payment: Payment terms, pricing, and billing arrangements
10. Term and Termination: Duration of agreement, renewal terms, and termination rights
11. Warranties and Disclaimers: Service warranties and limitations
12. Limitation of Liability: Liability caps and exclusions
13. Confidentiality: Protection of confidential information
14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions
1. Service Level Agreement: Detailed service levels and performance metrics - include if specific uptime guarantees or performance standards are offered
2. Third-Party Integrations: Terms regarding integration with third-party services - include if the software interfaces with other services
3. Professional Services: Terms for additional services like implementation or training - include if offering professional services
4. Disaster Recovery: Disaster recovery and business continuity provisions - include for enterprise or critical applications
5. Insurance: Insurance requirements - include for enterprise clients or high-risk services
6. Export Control: Export control compliance - include if service may be used internationally
7. Anti-Corruption: Anti-corruption and compliance provisions - include for enterprise or government clients
1. Service Description: Detailed description of the software service and its features
2. Service Level Agreement: Detailed performance metrics, response times, and service credits
3. Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA
5. Acceptable Use Policy: Detailed rules and restrictions for service usage
6. Technical Requirements: Minimum technical specifications and requirements for using the service
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