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.
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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
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
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
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
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
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
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