Software Co Development Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software Co Development Agreement

"I need a Software Co Development Agreement for a collaboration between my fintech startup and a Malaysian software development company to create a mobile payment application, with development starting in March 2025 and including specific provisions for data privacy compliance and revenue sharing."

Document background
The Software Co-Development Agreement is essential when two or more parties wish to collaborate on software development projects in Malaysia. This document is particularly relevant when organizations want to combine their technical expertise, resources, or intellectual property to create new software solutions. The agreement, governed by Malaysian law, covers crucial elements such as project scope, intellectual property rights allocation, development methodologies, confidentiality obligations, and commercial arrangements. It ensures compliance with Malaysian legislation including technology laws, data protection requirements, and contract law principles. The document is structured to protect all parties' interests while facilitating effective collaboration in software development ventures.
Suggested Sections

1. Parties: Identification of all parties to the agreement with full legal names and addresses

2. Background: Context of the agreement, including the parties' expertise and intention to collaborate

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

4. Scope of Co-Development: Detailed description of the software to be developed and each party's responsibilities

5. Project Governance: Management structure, decision-making processes, and communication protocols

6. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP

7. Development Process: Development methodology, milestones, and acceptance criteria

8. Commercial Terms: Payment terms, cost sharing, and revenue distribution model

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Indemnities: Parties' representations and obligations to protect each other

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

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Third Party Materials: Terms governing use of third-party software, libraries, or tools - include when project involves third-party components

2. Data Protection: Specific provisions for handling personal data - include when software will process personal information

3. Open Source Software: Management of open source components - include when using open source software

4. Export Control: Compliance with export regulations - include for international projects or restricted technologies

5. Service Levels: Performance standards and metrics - include when maintaining developed software

6. Security Requirements: Specific security standards and protocols - include for sensitive or regulated applications

7. Change Control: Process for managing changes to scope or specifications - include for complex or long-term projects

Suggested Schedules

1. Project Specifications: Detailed technical specifications and requirements for the software

2. Development Timeline: Project schedule, milestones, and delivery dates

3. Acceptance Test Criteria: Criteria and procedures for accepting deliverables

4. Commercial Terms: Detailed breakdown of costs, payments, and revenue sharing

5. Background IP: List of pre-existing IP brought by each party to the project

6. Key Personnel: List of key team members and their roles

7. Technical Standards: Required technical standards, coding conventions, and documentation requirements

8. Support and Maintenance: Terms for ongoing support and maintenance if applicable

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Education

Manufacturing

Telecommunications

Professional Services

Research & Development

Gaming & Entertainment

Relevant Teams

Legal

Software Development

Project Management

Information Technology

Commercial

Risk & Compliance

Information Security

Business Development

Product Management

Research & Development

Relevant Roles

Chief Technology Officer

Software Development Manager

Legal Counsel

Contract Manager

Project Manager

Software Engineer

Product Owner

Business Development Manager

IP Rights Manager

Chief Information Officer

Technical Architect

Commercial Director

Risk Manager

Information Security Officer

Industries
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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