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Boilerplate Software License Agreement

Boilerplate Software License Agreement Template for Malaysia

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Key Requirements PROMPT example:

Boilerplate Software License Agreement

"I need a Boilerplate Software License Agreement for enterprise accounting software that will be licensed to Malaysian and Singapore-based companies only, with multi-user access and annual renewal terms starting from March 2025."

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Document background
The Boilerplate Software License Agreement serves as a standardized legal framework for software licensing transactions in Malaysia. This template is designed for use when a software owner (licensor) wishes to grant rights to use their software to another party (licensee) while maintaining ownership and controlling usage terms. It incorporates essential elements required under Malaysian law, including provisions compliant with the Copyright Act 1987, Contracts Act 1950, and Personal Data Protection Act 2010. The agreement is particularly valuable for software companies, developers, and businesses engaging in software distribution, whether for commercial or consumer use. This document includes comprehensive terms covering license scope, usage rights, intellectual property protection, payment structures, and termination procedures, making it adaptable for various software licensing scenarios while maintaining consistency with Malaysian legal requirements.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names and 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

4. Grant of License: Scope and nature of the license being granted, including type (exclusive/non-exclusive), territory, and duration

5. License Fees and Payment: Payment terms, fee structure, and payment schedules

6. Intellectual Property Rights: Assertion of ownership rights and protection of IP

7. Use Restrictions: Specific limitations on how the software can be used

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Standard warranties about software functionality and performance

10. Limitation of Liability: Caps on liability and exclusions of certain types of damages

11. Term and Termination: Duration of agreement and circumstances for termination

12. Post-Termination Obligations: Actions required after agreement ends

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

Optional Sections

1. Source Code Escrow: Terms for source code protection and release conditions, used when source code access might be needed

2. Service Level Agreement: Performance metrics and support standards, included for hosted or maintained software

3. Data Protection: Specific provisions for handling personal data, required if software processes user data

4. Third-Party Software: Terms relating to incorporated third-party software components

5. Export Control: Compliance with export regulations, needed for international distribution

6. Professional Services: Terms for additional services like implementation or training

7. Audit Rights: Right to audit licensee's use of software, important for complex licensing models

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software

2. Schedule 2 - License Fees: Detailed pricing structure, payment terms, and calculation methods

3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications

4. Schedule 4 - Support Services: Details of maintenance and support services if included

5. Schedule 5 - Service Levels: Detailed performance metrics and service level commitments

6. Appendix A - Authorized Users: Definition and list of authorized users or user categories

7. Appendix B - Territory: Detailed description of geographic territories where license is valid

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Hardware Requirements
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Object Code
Software Updates
Source Code
Specifications
Support Services
System
Territory
Third Party Software
User Manual
Warranty Period
Access Credentials
Designated Equipment
Installation Site
License Key
Permitted Purpose
Security Requirements
Software Version
Technical Requirements
Usage Data
Working Hours
Acceptance Tests
Maintenance Release
Performance Standards
Service Level
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

E-commerce

Gaming and Entertainment

Government and Public Sector

Relevant Teams

Legal

Information Technology

Software Development

Procurement

Sales

Compliance

Commercial Operations

Product Management

Contract Administration

Risk Management

Relevant Roles

Legal Counsel

Software Licensing Manager

Contract Manager

Chief Technology Officer

IT Director

Software Development Manager

Commercial Director

Procurement Manager

Compliance Officer

Sales Director

Business Development Manager

Product Manager

Legal Operations Manager

Software Asset Manager

Industries
Copyright Act 1987: Fundamental law protecting intellectual property rights in Malaysia, including software and computer programs as copyrightable works
Contracts Act 1950: Governs the formation and enforcement of contracts in Malaysia, including licensing agreements and their validity
Consumer Protection Act 1999: Protects consumer rights and interests, including warranties and guarantees for software products sold to consumers
Personal Data Protection Act 2010: Regulates the collection, use, and disclosure of personal data, particularly relevant if the software processes user data
Electronic Commerce Act 2006: Provides legal recognition for electronic transactions and contracts, relevant for digital software licensing
Computer Crimes Act 1997: Relevant for including provisions against unauthorized software modification or misuse
Trade Descriptions Act 2011: Ensures accurate description of products and services, including software capabilities and features
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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