The Master License Agreement serves as the primary contractual framework for establishing and governing licensing relationships under Malaysian law. It is typically used when a company wishes to grant rights to its intellectual property, technology, software, or other proprietary assets to another party while maintaining ownership and control. This document is essential for businesses operating in Malaysia or choosing Malaysian law as the governing law for their licensing arrangements. The agreement covers crucial aspects including license scope, territorial restrictions, payment terms, intellectual property protection, and compliance with Malaysian regulatory requirements. It's particularly important for cross-border licensing arrangements where Malaysian entities are involved or when companies are expanding their presence in the Malaysian market. The Master License Agreement provides the foundation for subsequent license arrangements and can be supplemented with specific license schedules or addenda for different products or services.
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1. Parties: Identification of licensor and licensee with full legal names and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including territory, exclusivity, and permitted uses
5. License Fees and Payment Terms: Financial terms, payment schedule, and calculation of fees
6. Intellectual Property Rights: Ownership and protection of IP rights, including improvements and modifications
7. Confidentiality: Protection and handling of confidential information exchanged between parties
8. Warranties and Representations: Warranties regarding IP ownership, right to license, and quality assurances
9. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
10. Term and Termination: Duration of agreement, renewal terms, and termination rights
11. Post-Termination Obligations: Obligations and rights of parties after agreement termination
12. Governing Law and Jurisdiction: Application of Malaysian law and jurisdiction for dispute resolution
13. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Sub-licensing Rights: Include when licensee is permitted to sub-license to third parties
2. Quality Control: Required for trademark licenses or when product quality standards must be maintained
3. Source Code Escrow: For software licenses where source code access might be needed in specific circumstances
4. Data Protection: Include when personal data processing is involved in the licensed activities
5. Export Control: Required when licensed materials may be subject to export regulations
6. Support and Maintenance: Include when ongoing technical support or maintenance is part of the license
7. Audit Rights: When licensor needs rights to audit licensee's use of licensed materials
8. Insurance: Include when specific insurance coverage is required for licensed activities
9. Change Control: For licenses requiring formal processes for changes to licensed materials
1. Licensed Materials: Detailed description of all materials covered by the license
2. Technical Specifications: Technical details and requirements for licensed materials
3. Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Service Levels: Performance standards and metrics for licensed services or products
5. Approved Sub-licensees: List of pre-approved sub-licensees if applicable
6. Territory Definition: Detailed description of geographic territories covered by the license
7. Support and Maintenance Terms: Detailed terms for technical support and maintenance services
8. Compliance Requirements: Specific compliance and regulatory requirements
9. Change Request Procedure: Procedures for requesting and implementing changes to licensed materials
Relevant legal definitions
Agreement
Confidential Information
Documentation
Effective Date
Enhancement
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Materials
Licensed Technology
License Term
Maintenance Services
Modification
Patent Rights
Permitted Purpose
Related Corporation
Royalty
Source Code
Specification
Support Services
Technical Information
Territory
Third Party Materials
Trade Marks
Update
User
Working Day
Confidential Information
Documentation
Effective Date
Enhancement
Force Majeure Event
Intellectual Property Rights
License Fee
Licensed Materials
Licensed Technology
License Term
Maintenance Services
Modification
Patent Rights
Permitted Purpose
Related Corporation
Royalty
Source Code
Specification
Support Services
Technical Information
Territory
Third Party Materials
Trade Marks
Update
User
Working Day
Clauses
Grant of License
License Restrictions
License Fees
Payment Terms
Intellectual Property Rights
Delivery and Implementation
Technical Support
Maintenance Services
Quality Control
Performance Standards
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Post-Termination Obligations
Assignment
Sub-licensing
Audit Rights
Compliance with Laws
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendments
Severability
Waiver
Third Party Rights
Counterparts
License Restrictions
License Fees
Payment Terms
Intellectual Property Rights
Delivery and Implementation
Technical Support
Maintenance Services
Quality Control
Performance Standards
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Post-Termination Obligations
Assignment
Sub-licensing
Audit Rights
Compliance with Laws
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendments
Severability
Waiver
Third Party Rights
Counterparts
Relevant Industries
Technology & Software
Manufacturing
Telecommunications
Healthcare & Pharmaceuticals
Media & Entertainment
Financial Services
Automotive
Consumer Goods
Energy & Utilities
Education & Training
Research & Development
Biotechnology
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Finance
Technology
Compliance
Research and Development
Operations
Product Management
Risk Management
Corporate Strategy
Relevant Roles
Chief Legal Officer
Legal Director
Intellectual Property Counsel
Licensing Manager
Commercial Director
Chief Technology Officer
Head of Business Development
Compliance Officer
Contract Manager
Chief Financial Officer
Technology Transfer Manager
IP Rights Manager
General Counsel
Senior Legal Counsel
Business Development Manager
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