This document template is designed for commercial software licensing transactions in Malaysia, specifically structured as a Software License Commercial Use agreement. It is typically used when a software provider wishes to grant commercial usage rights to business entities while maintaining ownership of the intellectual property. The agreement incorporates requirements from Malaysian legislation, including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010. It is suitable for both standard software licensing and customized enterprise solutions, covering essential elements such as license scope, usage rights, technical support, maintenance services, warranty terms, and compliance requirements. The document is particularly relevant for business-to-business transactions where the software will be used for commercial purposes, requiring comprehensive terms to protect both parties' interests and ensure regulatory compliance.
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Key Requirements PROMPT example:
Software License Commercial Use
"I need a Software License Commercial Use agreement for our enterprise resource planning software, to be licensed to a manufacturing company in Malaysia from January 2025, with 24/7 technical support and maintenance provisions for 100 concurrent users."
1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including Software, Documentation, Intellectual Property Rights, etc.
4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions
5. License Fees and Payment Terms: Financial terms, payment schedule, and consequences of non-payment
6. Intellectual Property Rights: Confirmation of ownership rights, protection of IP, and restrictions on use
7. Licensee Obligations: Key responsibilities of the licensee including acceptable use, security measures, and usage restrictions
8. Support and Maintenance: Terms regarding technical support, updates, and maintenance services
9. Warranties and Representations: Warranties regarding software functionality, performance, and compliance with laws
10. Limitation of Liability: Caps on liability and exclusions of certain types of damages
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights
12. Confidentiality: Protection of confidential information exchanged between parties
13. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement
1. Third-Party Software: Include when the software incorporates third-party components, detailing additional terms and obligations
2. Data Protection: Required when the software processes personal data, ensuring compliance with PDPA 2010
3. Export Controls: Include for software subject to export regulations or international use
4. Source Code Escrow: Optional section for mission-critical software where source code access might be necessary
5. Professional Services: Include when additional implementation, training, or consulting services are provided
6. Service Level Agreement: Include for software provided as a service or requiring specific performance standards
7. Disaster Recovery: Include for business-critical software requiring specific backup and recovery procedures
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees: Detailed breakdown of license fees, payment schedules, and pricing tiers
3. Support Services: Detailed description of support levels, response times, and escalation procedures
4. Acceptable Use Policy: Detailed terms of acceptable use and restrictions
5. Service Level Requirements: Specific performance metrics, availability requirements, and remedies
6. Data Processing Agreement: Required under PDPA 2010 if personal data processing is involved
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Information Technology Services
Enterprise Software
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Information Security
Commercial Operations
Risk Management
Vendor Management
Business Development
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Contract Administrator
Chief Information Officer
Chief Legal Officer
Technology Procurement Specialist
IT Asset Manager
Commercial Director
Software Development Manager
Information Security Officer
Compliance Manager
Business Development Manager
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