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SaaS Software License Agreement

SaaS Software License Agreement Template for Malaysia

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Key Requirements PROMPT example:

SaaS Software License Agreement

"I need a SaaS Software License Agreement for my Malaysian fintech startup that will be providing cloud-based payment processing software to small businesses, with emphasis on data security and compliance with Malaysian banking regulations."

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Document background
This SaaS Software License Agreement is designed for use in the Malaysian market where software is provided as a service over the internet. It complies with Malaysian legislation including the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and Contracts Act 1950. The agreement is essential when a software provider wishes to license their cloud-based solution to customers while maintaining ownership rights and establishing clear service parameters. It includes provisions for data protection, service levels, user limitations, and support obligations, structured to meet Malaysian legal requirements while protecting both parties' interests. This template is particularly relevant for Malaysian companies or international organizations operating in Malaysia who need to ensure their SaaS offerings are compliant with local regulations.
Suggested Sections

1. Parties: Identification of the service provider and customer, including registration details and addresses

2. Background: Context of the agreement and brief description of the SaaS solution being licensed

3. Definitions: Detailed definitions of technical terms, parties, and key concepts used throughout the agreement

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

5. Service Availability and Support: Service level commitments, maintenance, and technical support provisions

6. Fees and Payment: Pricing, payment terms, billing cycles, and late payment consequences

7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements

8. Data Protection and Security: Compliance with PDPA 2010, data handling procedures, and security measures

9. Intellectual Property Rights: Ownership of IP, restrictions, and protection measures

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration, renewal terms, and termination circumstances

12. Limitation of Liability: Liability caps and exclusions under Malaysian law

13. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

14. Governing Law and Jurisdiction: Application of Malaysian law and dispute resolution procedures

Optional Sections

1. Professional Services: Include when additional implementation, training, or consulting services are provided

2. Third-Party Integrations: Include when the software integrates with third-party services or requires additional licenses

3. Disaster Recovery: Include for enterprise clients requiring specific disaster recovery commitments

4. Audit Rights: Include for agreements where usage monitoring and audit provisions are necessary

5. Insurance: Include when specific insurance coverage requirements are needed

6. Export Control: Include when the software is subject to international export regulations

7. White Labeling: Include when the customer is permitted to rebrand the software

8. Change Control: Include for enterprise agreements requiring formal change management procedures

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of the SaaS solution, features, and functionality

2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and remedies

3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures

4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations

5. Schedule 5 - Data Processing Agreement: Detailed data handling procedures and PDPA compliance measures

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

7. Appendix A - Authorized Users: Definition and limitations of authorized user categories

8. Appendix B - Security Measures: Detailed security protocols and compliance standards

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

Financial Services

Healthcare

Education

Retail

Manufacturing

Professional Services

Telecommunications

E-commerce

Government

Non-profit Organizations

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Sales

Operations

Risk Management

Product Development

Customer Success

Data Protection

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

IT Director

Procurement Manager

Software Development Manager

Information Security Officer

Compliance Officer

Contract Manager

Operations Director

Sales Director

Account Executive

Product Manager

Risk Manager

Data Protection Officer

Industries
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions, including data collection, storage, and transfer. Critical for SaaS agreements as they often involve processing user data.
Consumer Protection Act 1999: Provides protection for consumers in respect of services, including digital services. Relevant for B2C SaaS agreements to ensure fair terms and adequate service descriptions.
Copyright Act 1987: Protects software as intellectual property and governs licensing rights. Essential for defining software usage rights and restrictions in the SaaS agreement.
Electronic Commerce Act 2006: Governs electronic transactions and digital contracts. Relevant for online service agreements and electronic signatures.
Contracts Act 1950: Provides the fundamental principles of contract formation and enforcement in Malaysia. Forms the basic legal framework for the agreement.
Communications and Multimedia Act 1998: Regulates communications and multimedia activities, including online service provisions. Relevant for cloud-based software services.
Digital Signature Act 1997: Governs the use of digital signatures in electronic transactions. Important for contract execution in digital format.
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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