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Enterprise Software License Template for Malaysia

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Key Requirements PROMPT example:

Enterprise Software License

"I need an Enterprise Software License Agreement for a cloud-based ERP system to be deployed across our manufacturing facilities in Malaysia, with specific provisions for data localization and integration with our existing systems."

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Document background
This Enterprise Software License Agreement template is designed for use in Malaysia when establishing a legal framework for licensing complex software solutions to corporate entities. It encompasses essential elements required under Malaysian law, including compliance with the Electronic Commerce Act 2006 and other relevant legislation. The document is particularly suited for high-value enterprise software implementations where detailed terms regarding usage rights, technical support, maintenance, and service levels are crucial. It includes comprehensive provisions for protecting intellectual property rights, ensuring data protection compliance, and establishing clear implementation and acceptance procedures. This template should be used when licensing enterprise-grade software solutions that require significant investment and ongoing support relationships between the parties.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal entity details

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

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

4. License Grant: Scope of the license, permitted uses, and express restrictions

5. License Fees: Payment terms, fee structure, and payment schedules

6. Intellectual Property Rights: Ownership of IP and protection of proprietary rights

7. Implementation and Acceptance: Process for software deployment and acceptance criteria

8. Technical Support and Maintenance: Support services, maintenance, and service levels

9. Warranties and Representations: Standard warranties regarding software performance and IP rights

10. Limitation of Liability: Limits on liability and exclusions of certain types of damages

11. Term and Termination: Duration of agreement and termination rights

12. Confidentiality: Protection of confidential information and trade secrets

13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Data Protection: Required if software processes personal data - covers PDPA compliance

2. Source Code Escrow: Optional protection for mission-critical software

3. Professional Services: Include if implementation services are part of the deal

4. Disaster Recovery: Required for critical enterprise applications

5. Third Party Software: Include if solution incorporates third-party components

6. Export Controls: Required if software is subject to export regulations

7. Change Control: Include for complex implementations requiring formal change processes

8. Service Credits: Include if specific performance levels are guaranteed with penalties

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of licensed software and components

2. Schedule 2 - Technical Requirements: Hardware and software requirements for operation

3. Schedule 3 - Service Level Agreement: Detailed support levels, response times, and metrics

4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees and payment terms

5. Schedule 5 - Implementation Plan: Project plan for software deployment and milestones

6. Schedule 6 - Acceptance Testing: Testing procedures and acceptance criteria

7. Schedule 7 - Support and Maintenance Services: Detailed description of support and maintenance scope

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

9. Appendix B - Security Requirements: Security standards and requirements for software operation

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 legal definitions
Acceptance Criteria
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Implementation Period
Implementation Plan
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Personal Data
Security Requirements
Service Hours
Service Levels
Software Updates
Source Code
Support Services
System Requirements
Technical Specifications
Term
Territory
Third Party Software
User Access
Warranties
Work Product
Acceptance Testing
Affiliate
Agreement
Backup Copy
Commencement Date
Customization
Data Protection Laws
Defect
Deliverables
Designated Equipment
Disaster Recovery Plan
Error
Force Majeure Event
Good Industry Practice
Implementation Services
License Key
Maintenance Window
Material Breach
Modification
Operating Environment
Performance Standards
Release
Response Time
Service Credits
Site
Software Interface
Support Request
Technical Support
Usage Data
User Documentation
Virus
Clauses
License Grant
Intellectual Property Rights
Payment Terms
Confidentiality
Data Protection
Warranties
Limitation of Liability
Indemnification
Term and Termination
Implementation
Acceptance Testing
Technical Support
Maintenance Services
Service Levels
Security Requirements
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Insurance
Audit Rights
Export Control
Source Code Escrow
Disaster Recovery
Change Management
Subcontracting
Performance Standards
Compliance with Laws
Non-Solicitation
Amendments
Severability
Entire Agreement
Third Party Rights
Anti-Corruption
Competition Law
Relevant Industries

Financial Services

Manufacturing

Healthcare

Retail

Telecommunications

Government

Education

Energy & Utilities

Technology

Professional Services

Transportation & Logistics

Construction

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk Management

Compliance

Finance

Operations

Vendor Management

Enterprise Architecture

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Contract Manager

Software Licensing Manager

IT Security Manager

Enterprise Architect

Information Security Officer

Compliance Officer

Technology Procurement Specialist

Vendor Management Officer

Industries
Electronic Commerce Act 2006: Governs electronic transactions and provides legal recognition of electronic messages in commercial transactions
Copyright Act 1987: Protects software as literary work and governs licensing of intellectual property rights
Contracts Act 1950: Provides the fundamental principles for contract formation, validity, and enforcement in Malaysia
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions and data protection obligations
Consumer Protection Act 1999: Although primarily for consumers, certain provisions may apply to enterprise software especially regarding warranties and guarantees
Competition Act 2010: Ensures fair market practices and prevents anti-competitive agreements or abuse of dominant position
Digital Signature Act 1997: Provides legal recognition for digital signatures which may be relevant for electronic contract execution
Computer Crimes Act 1997: Relevant for security provisions and unauthorized access prevention in software licensing
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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