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Enterprise License Agreement

Enterprise License Agreement Template for Malaysia

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Key Requirements PROMPT example:

Enterprise License Agreement

"I need an Enterprise License Agreement for licensing our cloud-based ERP software to Malaysian healthcare institutions, with specific emphasis on data protection compliance and patient information security."

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Document background
The Enterprise License Agreement serves as the primary contractual framework for organizations seeking to license enterprise-level software solutions in Malaysia. This document is essential when a business requires comprehensive software licensing arrangements that go beyond standard commercial terms, typically involving multiple users, complex deployment requirements, and specific service level commitments. The agreement must comply with Malaysian legal requirements while addressing enterprise-specific concerns such as data protection, system integration, and support services. It is particularly relevant for large-scale software implementations where customization, ongoing support, and clear definition of usage rights are crucial. The document typically includes detailed provisions for intellectual property protection, confidentiality, warranty terms, and liability limitations, all structured within the Malaysian legal framework.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee entities

2. Background: Context of the agreement and brief description of the software product being licensed

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. License Grant: Scope and nature of the license, including usage rights and restrictions

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment: License fees, payment terms, and related financial obligations

7. Intellectual Property Rights: Protection and ownership of IP rights related to the software

8. Confidentiality: Obligations regarding confidential information exchange

9. Warranties and Representations: Warranties provided by both parties and limitations

10. Limitation of Liability: Scope of liability and indemnification provisions

11. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Data Protection: Specific provisions for handling personal data under PDPA 2010, required if software processes personal data

2. Service Levels: Performance standards and metrics, needed if software availability guarantees are required

3. Professional Services: Terms for additional services like implementation or training, if offered

4. Source Code Escrow: Provisions for source code protection, relevant for business-critical applications

5. Export Control: Compliance with export regulations, needed if international usage is involved

6. Disaster Recovery: Business continuity provisions, important for critical enterprise applications

7. Change Control: Procedures for managing changes to the software or agreement terms

Suggested Schedules

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

2. License Fees: Detailed breakdown of all applicable fees and payment schedules

3. Service Level Agreement: Detailed performance metrics, response times, and support levels

4. Authorized Users: Definition and scope of authorized users and usage restrictions

5. Technical Requirements: Hardware and software requirements for running the licensed software

6. Support Services: Details of maintenance and support services provided

7. Data Processing Agreement: Specific terms for personal data processing compliance

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 Industries

Technology

Banking and Finance

Healthcare

Manufacturing

Telecommunications

Education

Government

Retail

Energy

Professional Services

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Finance

Operations

Risk Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

IT Director

Legal Counsel

Procurement Manager

Software Licensing Manager

Contracts Manager

Information Security Officer

Technology Procurement Specialist

Enterprise Architect

IT Operations Manager

Compliance Officer

Industries
Contracts Act 1950: The primary legislation governing formation and enforcement of contracts in Malaysia, defining essential elements like offer, acceptance, consideration, and contractual capacity
Copyright Act 1987: Crucial for software licensing agreements as it protects intellectual property rights and governs the licensing of copyrighted works in Malaysia
Digital Signature Act 1997: Relevant for electronic execution of the agreement, providing legal recognition of digital signatures in Malaysia
Personal Data Protection Act 2010: Essential for provisions relating to data protection and privacy, especially if the software processes personal data
Consumer Protection Act 1999: May be applicable if the licensee falls under the definition of consumer, providing protection against unfair contract terms
Electronic Commerce Act 2006: Relevant for electronic transactions and communications related to the license agreement
Competition Act 2010: Important for ensuring license terms don't contain anti-competitive provisions or abuse of market position
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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