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Software Development Partnership Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software Development Partnership Agreement

"I need a Software Development Partnership Agreement for a joint venture between my Malaysian fintech startup and a Singapore-based software company to develop a mobile payment application, with development starting March 2025 and including strict data protection provisions for handling financial data."

Document background
The Software Development Partnership Agreement is essential for businesses entering into collaborative software development ventures in Malaysia. This document is particularly relevant when two or more entities wish to combine their technical expertise, resources, and business capabilities to develop software products or solutions. It addresses crucial aspects such as partnership structure, development methodology, intellectual property ownership, profit sharing, and operational management while ensuring compliance with Malaysian legal requirements. The agreement is structured to protect both parties' interests while facilitating efficient collaboration, incorporating necessary provisions from Malaysian partnership law, intellectual property legislation, and data protection regulations. It is commonly used for both project-specific partnerships and long-term development collaborations.
Suggested Sections

1. Parties: Identification and details of the partnering entities

2. Background: Context of the partnership and general objectives

3. Definitions: Defined terms used throughout the agreement

4. Partnership Structure: Details of partnership arrangement, profit sharing, and management structure

5. Scope of Partnership: Overview of the collaboration scope and general responsibilities

6. Development Services: Specific software development services to be provided

7. Project Management: Management processes, reporting structures, and decision-making procedures

8. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP

9. Confidentiality: Protection of confidential information and trade secrets

10. Financial Terms: Revenue sharing, costs, expenses, and payment terms

11. Term and Termination: Duration of partnership and termination conditions

12. Warranties and Representations: Promises and guarantees made by each party

13. Liability and Indemnification: Risk allocation and protection against claims

14. Data Protection: Compliance with PDPA and data handling requirements

15. General Provisions: Standard legal clauses including notices, amendments, governing law

Optional Sections

1. Non-Competition: Restrictions on competing activities, used when partners may have competing interests

2. Third-Party Integration: Rules for incorporating third-party software, needed when external tools or libraries will be used

3. International Operations: Provisions for cross-border activities, required for international partnerships

4. Source Code Escrow: Source code protection arrangements, important for critical software projects

5. Marketing and Branding: Rules for marketing the developed software, relevant when joint branding is planned

6. Training and Support: Obligations for training and ongoing support, needed when post-development services are included

7. Insurance: Insurance requirements, important for high-value or high-risk projects

8. Dispute Resolution: Alternative dispute resolution procedures, recommended for complex partnerships

Suggested Schedules

1. Schedule 1 - Development Specifications: Detailed technical specifications and requirements for the software

2. Schedule 2 - Project Timeline: Development milestones, deadlines, and delivery schedule

3. Schedule 3 - Financial Terms: Detailed breakdown of costs, pricing, and payment schedules

4. Schedule 4 - Service Levels: Performance metrics and service level requirements

5. Schedule 5 - Resource Allocation: Specific personnel, equipment, and resources committed by each party

6. Schedule 6 - Testing Procedures: Acceptance testing criteria and procedures

7. Appendix A - Partner Policies: Relevant internal policies and procedures of both partners

8. Appendix B - Technical Stack: List of approved technologies, frameworks, and tools

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses






























Relevant Industries

Information Technology

Software Development

Digital Services

E-commerce

Financial Technology

Healthcare Technology

Education Technology

Manufacturing Technology

Telecommunications

Professional Services

Banking and Finance

Retail Technology

Logistics and Supply Chain

Relevant Teams

Legal

Software Development

Project Management

Business Development

Operations

Compliance

Risk Management

Engineering

Product Management

Finance

Information Technology

Partnership Management

Technical Architecture

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

Contract Manager

Project Manager

Business Development Director

Partnership Manager

Technical Director

Chief Executive Officer

Chief Operations Officer

Head of Engineering

Software Architect

Information Technology Director

Compliance Officer

Risk Manager

Product Owner

Development Team Lead

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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