Software License Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software License Agreement

"I need a Software License Agreement for my AI-powered healthcare analytics software to be licensed to Malaysian hospitals, with specific provisions for patient data protection and integration with existing hospital management systems."

Document background
The Software License Agreement is a critical 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, technology providers, and businesses engaging in software licensing transactions within Malaysia. It encompasses key provisions required under Malaysian legislation, including compliance with the Copyright Act 1987, Contracts Act 1950, and Personal Data Protection Act 2010. The document typically includes detailed terms covering license scope, usage restrictions, fees, maintenance, support services, and liability limitations. It serves as the primary agreement governing the relationship between software providers and their customers, providing clear guidelines for software deployment, use, and protection of intellectual property rights.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including their full legal names, registration numbers, and registered 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, including Software, Documentation, Intellectual Property Rights, etc.

4. License Grant: Scope of the license, including type (exclusive/non-exclusive), territory, and permitted uses

5. License Restrictions: Specific prohibitions and limitations on use of the software

6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the software

7. Payment Terms: License fees, payment schedule, and consequences of non-payment

8. Warranties and Representations: Standard warranties regarding software functionality and IP rights

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

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Confidentiality: Protection of confidential information exchanged during the relationship

12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

Optional Sections

1. Professional Services: Include when implementation, training, or maintenance services are provided alongside the software license

2. Service Level Agreement: Include for software that includes hosted or cloud-based components

3. Data Protection: Include when the software processes personal data, ensuring compliance with PDPA 2010

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

5. Export Controls: Include when the software may be subject to export control regulations

6. Audit Rights: Include when the licensor needs rights to audit licensee's use of the software

7. Third-Party Software: Include when the software incorporates third-party components or dependencies

8. Insurance: Include when specific insurance requirements are needed for high-value or high-risk implementations

Suggested Schedules

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

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

3. Schedule 3 - Support and Maintenance: Details of support services, response times, and maintenance terms

4. Schedule 4 - Service Levels: Performance metrics, availability requirements, and service credits

5. Schedule 5 - Implementation Plan: Timeline and milestones for software implementation if applicable

6. Appendix A - Authorized Users: Definition and limitations of authorized users and access rights

7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications for operating the software

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 Industries

Technology & Software

Financial Services

Healthcare

Manufacturing

Retail

Education

Government & Public Sector

Telecommunications

Professional Services

E-commerce

Media & Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Finance

Software Development

Information Security

Risk Management

Commercial Operations

Vendor Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

IT Director

Procurement Manager

Software Licensing Manager

Contract Manager

Information Security Officer

Technology Risk Manager

Software Development Manager

Commercial Director

Chief Financial Officer

Compliance Officer

IT Asset Manager

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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