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Software License Commercial Use Template for Malaysia

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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."

What is a Software License Commercial Use?

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.

What sections should be included in a Software License Commercial Use?

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

What sections are optional to include in a Software License Commercial Use?

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

What schedules should be included in a Software License Commercial Use?

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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

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

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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