This Enterprise EULA (End User License Agreement) is designed for use in Malaysian jurisdiction where a software provider is licensing enterprise-level software products to business organizations. The agreement is typically used when deploying commercial software solutions that will be used across an organization, rather than by individual users. It includes comprehensive terms covering license scope, user permissions, deployment rights, maintenance, and support services, while ensuring compliance with Malaysian legal requirements including data protection, electronic commerce, and intellectual property laws. The Enterprise EULA is particularly important for software deployments that involve multiple users, departments, or locations within an organization, and where the software is critical to business operations. This agreement provides the necessary legal framework for enterprise-wide software licensing while protecting both the provider's intellectual property rights and the customer's business interests.
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1. Parties: Identification of the software provider and the enterprise licensee
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of license, permitted users, and usage restrictions
5. License Fees and Payment: Payment terms, fee structure, and payment schedules
6. Intellectual Property Rights: ownership of IP and protection of software rights
7. Confidentiality: Protection of confidential information and trade secrets
8. Data Protection: Compliance with PDPA and data handling requirements
9. Customer Obligations: Enterprise responsibilities and usage restrictions
10. Provider Obligations: Software provider's commitments and responsibilities
11. Warranties and Disclaimers: Software warranties and limitation of warranties
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Term and Termination: Duration, renewal, and termination conditions
14. General Provisions: Standard boilerplate clauses including governing law
1. Professional Services: Additional services like implementation or training, included if provider offers these services
2. Service Levels: SLA terms and performance metrics, needed if software includes hosted components
3. Disaster Recovery: Backup and recovery procedures, relevant for critical enterprise applications
4. Audit Rights: Provider's right to audit usage, important for variable-user licensing models
5. Export Controls: Export compliance terms, needed if software contains restricted technologies
6. Third-Party Software: Terms regarding incorporated third-party components, if applicable
7. Source Code Escrow: Source code escrow provisions, relevant for business-critical applications
1. Schedule 1 - Software Description: Detailed description of software, modules, and functionality
2. Schedule 2 - License Metrics: Specific licensing metrics, user types, and quantity limitations
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, maintenance fees, and payment terms
4. Schedule 4 - Technical Requirements: Hardware and software requirements for deployment
5. Schedule 5 - Support Services: Description of support levels, response times, and procedures
6. Appendix A - Acceptable Use Policy: Detailed acceptable use terms and restrictions
7. Appendix B - Security Requirements: Security standards and compliance requirements
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