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Software License Purchase Agreement

Software License Purchase Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software License Purchase Agreement

"I need a Software License Purchase Agreement for my Malaysian fintech company to license our payment processing software to banks, including maintenance services and source code escrow provisions, with an initial term starting March 1, 2025."

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Document background
The Software License Purchase Agreement is a crucial legal document used when an organization or individual (licensee) wishes to purchase and use software from a vendor (licensor) in Malaysia. This agreement is essential for protecting both parties' interests and ensuring clarity in the software licensing relationship. It must comply with Malaysian legislation, including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. The document specifies license scope, usage rights, fees, maintenance terms, and intellectual property protections. It's particularly important in the Malaysian context where software licensing must align with local commercial and digital transaction laws while providing adequate protection for both domestic and international software transactions.
Suggested Sections

1. Parties: Identifies and provides details of the licensor and licensee

2. Background: Sets out the context of the agreement and brief description of the software being licensed

3. Definitions: Defines key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, etc.

4. Grant of License: Specifies the type, scope, and terms of the software license being granted

5. License Fees and Payment: Details the license fees, payment schedule, and payment terms

6. Intellectual Property Rights: Confirms ownership of IP rights and protections for the software

7. Confidentiality: Obligations regarding confidential information protection

8. Warranties and Representations: Standard warranties regarding software functionality and performance

9. Limitation of Liability: Limits on liability and exclusions of certain types of damages

10. Term and Termination: Duration of the agreement and circumstances for termination

11. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Technical Support and Maintenance: Details support services and maintenance terms if offered with the license

2. User Restrictions: Additional specific restrictions on software use, needed for specialized software

3. Compliance and Audit Rights: Rights to audit licensee's use of software, important for enterprise licenses

4. Data Protection: Specific data protection obligations when software processes personal data

5. Installation and Training: Terms for software installation and user training if provided

6. Source Code Escrow: Provisions for source code escrow arrangements, typically for mission-critical software

7. Export Control: Required for software subject to export control regulations

8. Third-Party Software: Terms relating to third-party components included in the software

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components

2. Schedule 2 - Technical Specifications: Technical requirements and specifications for the software

3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment schedule

4. Schedule 4 - Service Level Agreement: Details of service levels and support if included

5. Schedule 5 - Acceptable Use Policy: Specific terms governing acceptable use of the software

6. Appendix A - Installation Requirements: Technical requirements for software installation and deployment

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

alex.den.21@genieai.co
Relevant legal definitions




























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Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Education

Professional Services

Telecommunications

Government and Public Sector

E-commerce

Media and Entertainment

Construction

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Operations

Software Development

Information Security

Vendor Management

Risk Management

Digital Transformation

Enterprise Architecture

Relevant Roles

Chief Information Officer

IT Director

Procurement Manager

Legal Counsel

Software Asset Manager

IT Project Manager

Chief Technology Officer

Compliance Officer

Contract Manager

IT Security Manager

Finance Director

Operations Manager

Digital Transformation Manager

Enterprise Architect

Vendor Management Officer

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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