This Software License Subscription agreement template is designed for use in Malaysia when establishing a contractual relationship for software licensing on a subscription basis. It incorporates essential requirements under Malaysian law, including compliance with the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Contracts Act 1950. The document is suitable for both B2B and B2C arrangements, providing comprehensive coverage of subscription terms, usage rights, service levels, data protection, and intellectual property provisions. It can be customized based on the specific software offering, intended user base, and particular industry requirements while ensuring compliance with Malaysian legal frameworks and commercial practices.
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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
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. License Grant: Specifies the scope, nature, and limitations of the software license
5. Subscription Terms: Details the subscription period, renewal terms, and user limits
6. Fees and Payment: Specifies subscription fees, payment terms, and consequences of non-payment
7. Service Levels: Defines the performance standards, availability, and support services
8. User Access and Security: Outlines user access rules, security requirements, and access controls
9. Intellectual Property Rights: Addresses ownership of IP and protection of proprietary rights
10. Confidentiality: Details obligations regarding confidential information
11. Data Protection: Addresses compliance with Malaysian Personal Data Protection Act
12. Warranties and Disclaimers: Sets out warranties provided and limitations of liability
13. Term and Termination: Specifies duration, renewal, termination rights, and consequences
14. General Provisions: Contains standard boilerplate clauses required under Malaysian law
1. Professional Services: Include when implementation, training, or consulting services are provided
2. Disaster Recovery: Include for critical software systems requiring specific recovery procedures
3. Compliance Requirements: Include when software is used in regulated industries
4. Third-Party Integrations: Include when software interfaces with third-party applications
5. Export Controls: Include when software is subject to export restrictions
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Insurance Requirements: Include when specific insurance coverage is required
8. Change Control: Include when formal change management procedures are needed
1. Schedule 1 - Software Description: Detailed description of the software, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, support hours, and response times
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment schedule, and pricing tiers
4. Schedule 4 - Technical Requirements: Software technical specifications and system requirements
5. Schedule 5 - Support Services: Detailed description of support and maintenance services
6. Schedule 6 - Data Processing Agreement: Detailed terms for personal data processing if applicable
7. Appendix A - Acceptable Use Policy: Rules and restrictions for software use
8. Appendix B - Security Requirements: Detailed security standards and requirements
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