This SaaS Software License Agreement is designed for use in the Malaysian market where software is provided as a service over the internet. It complies with Malaysian legislation including the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and Contracts Act 1950. The agreement is essential when a software provider wishes to license their cloud-based solution to customers while maintaining ownership rights and establishing clear service parameters. It includes provisions for data protection, service levels, user limitations, and support obligations, structured to meet Malaysian legal requirements while protecting both parties' interests. This template is particularly relevant for Malaysian companies or international organizations operating in Malaysia who need to ensure their SaaS offerings are compliant with local regulations.
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1. Parties: Identification of the service provider and customer, including registration details and addresses
2. Background: Context of the agreement and brief description of the SaaS solution being licensed
3. Definitions: Detailed definitions of technical terms, parties, and key concepts used throughout the agreement
4. License Grant: Scope of software license, usage rights, and restrictions
5. Service Availability and Support: Service level commitments, maintenance, and technical support provisions
6. Fees and Payment: Pricing, payment terms, billing cycles, and late payment consequences
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Data Protection and Security: Compliance with PDPA 2010, data handling procedures, and security measures
9. Intellectual Property Rights: Ownership of IP, restrictions, and protection measures
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal terms, and termination circumstances
12. Limitation of Liability: Liability caps and exclusions under Malaysian law
13. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
14. Governing Law and Jurisdiction: Application of Malaysian law and dispute resolution procedures
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Third-Party Integrations: Include when the software integrates with third-party services or requires additional licenses
3. Disaster Recovery: Include for enterprise clients requiring specific disaster recovery commitments
4. Audit Rights: Include for agreements where usage monitoring and audit provisions are necessary
5. Insurance: Include when specific insurance coverage requirements are needed
6. Export Control: Include when the software is subject to international export regulations
7. White Labeling: Include when the customer is permitted to rebrand the software
8. Change Control: Include for enterprise agreements requiring formal change management procedures
1. Schedule 1 - Service Description: Detailed description of the SaaS solution, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and remedies
3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Data Processing Agreement: Detailed data handling procedures and PDPA compliance measures
6. Schedule 6 - Technical Requirements: Minimum system requirements and technical specifications
7. Appendix A - Authorized Users: Definition and limitations of authorized user categories
8. Appendix B - Security Measures: Detailed security protocols and compliance standards
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Retail
Manufacturing
Professional Services
Telecommunications
E-commerce
Government
Non-profit Organizations
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Sales
Operations
Risk Management
Product Development
Customer Success
Data Protection
Relevant Roles
Chief Technology Officer
Chief Information Officer
Legal Counsel
IT Director
Procurement Manager
Software Development Manager
Information Security Officer
Compliance Officer
Contract Manager
Operations Director
Sales Director
Account Executive
Product Manager
Risk Manager
Data Protection Officer
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