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License Agreement For Software Product

License Agreement For Software Product Template for Malaysia

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Key Requirements PROMPT example:

License Agreement For Software Product

"I need a License Agreement For Software Product for our enterprise data analytics software, compliant with Malaysian law, that will be licensed to financial institutions with strict data protection requirements and includes provisions for source code escrow."

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Document background
The License Agreement For Software Product is a crucial legal document used when a software provider wishes to grant usage rights to their software while retaining ownership of the intellectual property. This agreement, governed by Malaysian law, is essential for software companies operating in or providing services to Malaysian entities. It includes comprehensive terms covering license scope, usage restrictions, fees, maintenance, warranties, and compliance with local regulations including the Copyright Act 1987 and Personal Data Protection Act 2010. The document is particularly important in protecting the software provider's IP rights while ensuring the licensee has clear terms for software usage, support, and maintenance.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, brief description of the software product, and purpose of the license

3. Definitions: Detailed definitions of technical terms, software components, and other key terms used in the agreement

4. Grant of License: Scope of the license, usage rights, and restrictions on use of the software

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

6. Intellectual Property Rights: Ownership of IP rights, protection of proprietary rights, and restrictions on modification

7. Confidentiality: Protection of confidential information and trade secrets

8. Warranties and Representations: Software performance warranties, disclaimer of warranties, and representations by both parties

9. Support and Maintenance: Terms for technical support, updates, and maintenance services

10. Term and Termination: Duration of the agreement, renewal terms, and termination rights

11. Limitation of Liability: Limitations on liability and exclusions of damages

12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

Optional Sections

1. Third-Party Components: Required when the software includes third-party components or open-source software

2. Data Protection and Privacy: Required when the software processes personal data or requires compliance with PDPA 2010

3. Professional Services: Include when implementation, training, or consulting services are part of the agreement

4. Export Controls: Required for software subject to export control regulations

5. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

6. Service Level Agreement: Required when specific performance levels and metrics are guaranteed

7. Compliance Requirements: Include when specific regulatory compliance requirements apply to the software

8. Insurance: Include when specific insurance coverage is required from either party

Suggested Schedules

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

2. Schedule B - License Fees: Detailed breakdown of license fees, payment terms, and pricing structure

3. Schedule C - Support Services: Description of support and maintenance services, response times, and service levels

4. Schedule D - Acceptable Use Policy: Detailed terms of acceptable use and restrictions

5. Schedule E - Security Requirements: Security standards and requirements for software usage

6. Appendix 1 - Technical Requirements: Minimum system requirements and technical specifications

7. Appendix 2 - Service Level Metrics: Detailed performance metrics and service level commitments

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
Software
Documentation
Intellectual Property Rights
License Fee
Authorized Users
Confidential Information
Effective Date
License Term
Maintenance Services
Source Code
Object Code
Updates
Upgrades
Technical Support
User Manual
Implementation Services
Business Day
License Key
Personal Data
Security Breach
Service Level Agreement
Subscription Period
System Requirements
Territory
Third Party Software
API
Acceptable Use Policy
Backup Copy
Designated Equipment
Error
Installation Site
Maintenance Release
Password
Platform
Response Time
Support Hours
Test Environment
User Interface
Version Release
Working Hours
Clauses
Grant of License
License Restrictions
Intellectual Property Rights
License Fee
Payment Terms
Delivery and Installation
Technical Support
Maintenance Services
Warranties
Limitation of Liability
Indemnification
Confidentiality
Data Protection
Term and Duration
Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Software Security
Acceptable Use
Audit Rights
Service Levels
Documentation
Training
Third Party Components
Export Control
Source Code
Updates and Upgrades
Performance Standards
Backup and Recovery
User Access
Change Control
Notices
Entire Agreement
Severability
Variation
Waiver
Survival
Relevant Industries

Information Technology

Banking and Finance

Healthcare

Education

Manufacturing

Retail

Professional Services

Government and Public Sector

Telecommunications

E-commerce

Insurance

Logistics and Transportation

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Information Security

Contract Administration

Software Asset Management

Corporate Affairs

Digital Operations

Relevant Roles

Chief Technology Officer

IT Director

Software Licensing Manager

Legal Counsel

Procurement Manager

Compliance Officer

Information Security Officer

Contract Administrator

IT Project Manager

Risk Manager

Software Asset Manager

Chief Information Officer

General Counsel

Technology Procurement Specialist

Digital Rights Manager

Industries
Copyright Act 1987: Primary legislation protecting software copyright in Malaysia. Software is explicitly protected as a literary work under this Act. Covers rights of reproduction, distribution, and modification.
Contracts Act 1950: Governs the formation and enforcement of contracts in Malaysia, including essential elements like offer, acceptance, consideration, and capacity to contract.
Consumer Protection Act 1999: Provides protection for consumers in relation to goods and services, including software products. Covers warranties, guarantees, and unfair contract terms.
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions. Relevant if the software collects, processes, or stores personal data.
Electronic Commerce Act 2006: Provides legal recognition of electronic transactions and digital signatures. Important for online software licensing and distribution.
Trade Descriptions Act 2011: Prohibits false or misleading trade descriptions of goods, including software products and their capabilities.
Computer Crimes Act 1997: Relevant for including terms about unauthorized access, modification of software, and other computer-related offenses.
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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