Software Usage Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software Usage Agreement

"I need a Software Usage Agreement for our enterprise accounting software that will be deployed to 500 users across our Malaysian offices from January 2025, with specific emphasis on data protection and confidentiality requirements for financial information."

Document background

The Software Usage Agreement serves as a crucial legal instrument for software providers and users operating within the Malaysian jurisdiction. This document is essential when organizations or individuals wish to license software for use while ensuring compliance with Malaysian legal requirements. The agreement comprehensively addresses licensing terms, usage rights, restrictions, intellectual property protection, and data privacy considerations. It is specifically designed to align with Malaysian legislation, including the Electronic Commerce Act 2006, Copyright Act 1987, and Personal Data Protection Act 2010. The Software Usage Agreement is particularly important in establishing clear boundaries for software utilization, maintenance responsibilities, and liability limitations, while providing legal protection for both the software provider and the end user.

Suggested Sections

1. Parties: Identification of the software provider/licensor and the user/licensee with full legal details

2. Background: Context of the agreement and brief description of the software and its intended use

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

4. Grant of License: Scope and nature of the software license being granted

5. License Fees and Payment: Details of licensing costs, payment terms, and methods

6. User Obligations: Key responsibilities and restrictions on the user's use of the software

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

8. Confidentiality: Obligations regarding confidential information protection

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

10. Warranties and Disclaimers: Software performance warranties and limitation of warranties

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

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

Optional Sections

1. Data Protection and Privacy: Required when the software processes personal data, ensuring compliance with PDPA 2010

2. Service Level Agreement: Include when specific performance levels or support services are guaranteed

3. Third-Party Software: Necessary when the software incorporates third-party components or integrations

4. Export Control: Include for software that may be subject to export regulations

5. Insurance: Required when specific insurance coverage is necessary for high-risk applications

6. Source Code Escrow: Optional section for enterprise software where source code access might be needed

7. Audit Rights: Include when usage monitoring and audit capabilities are required

Suggested Schedules

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

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

3. Schedule 3 - Service Levels: Detailed service level commitments and support terms if applicable

4. Schedule 4 - Technical Requirements: Minimum system requirements and technical specifications

5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

6. Appendix B - Security Requirements: Security protocols and requirements for software usage

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Financial Services

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Government and Public Sector

E-commerce

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Operations

Information Security

Contract Administration

Software Asset Management

Vendor Management

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Software License Manager

Compliance Officer

Information Security Manager

Contract Administrator

Risk Manager

Operations Manager

Technical Project Manager

Software Asset Manager

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Authors

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