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Non Standard EULA

Non Standard EULA Template for Malaysia

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Key Requirements PROMPT example:

Non Standard EULA

"I need a Non-Standard EULA for enterprise-level accounting software that will be distributed to Malaysian financial institutions starting March 2025, with specific provisions for data privacy compliance and custom integration capabilities with existing banking systems."

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Document background
The Non-Standard EULA is designed for software providers requiring more comprehensive and customized licensing terms than those found in standard EULAs, specifically tailored for the Malaysian market. This document becomes necessary when dealing with complex software deployments, enterprise-level implementations, or situations requiring specific customization of usage rights and obligations. It incorporates requirements from Malaysian legislation, including the Contracts Act 1950, Consumer Protection Act 1999, and Personal Data Protection Act 2010, while addressing unique aspects of software licensing such as custom modifications, integration requirements, and specific usage restrictions. The agreement is particularly relevant for enterprise software solutions, mission-critical applications, or situations where standard EULA terms are insufficient to address the complexity of the licensing arrangement.
Suggested Sections

1. Parties: Identification of the licensor (software provider) and licensee (end user), including full legal names and addresses

2. Background: Context of the agreement, nature of the software, and purpose of the license

3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement

4. Grant of License: Scope of the license, usage rights, and any territorial or user number restrictions

5. License Fees and Payment: Details of license fees, payment terms, and any recurring charges

6. User Obligations: Licensee's responsibilities, acceptable use policies, and compliance requirements

7. Intellectual Property Rights: Declaration of IP ownership, protection measures, and handling of derivative works

8. Confidentiality: Protection of proprietary information, trade secrets, and user data

9. Data Protection and Privacy: Compliance with PDPA 2010, data handling procedures, and privacy policies

10. Warranties and Disclaimers: Software performance warranties, disclaimer of implied warranties, and limitation of liability

11. Support and Maintenance: Terms for technical support, updates, and maintenance services

12. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

13. Consequences of Termination: Post-termination obligations, data handling, and software removal requirements

14. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement

Optional Sections

1. Third-Party Integration: Use when software interfaces with third-party applications or services, defining integration terms and responsibilities

2. Service Level Agreement: Include for software requiring specific performance metrics, uptime guarantees, or response times

3. Custom Development: Add when the agreement covers custom modifications or development work

4. Export Control: Include for software subject to international distribution restrictions

5. Disaster Recovery: Add for critical software requiring specific backup and recovery procedures

6. Security Requirements: Include for software handling sensitive data or requiring specific security protocols

7. Training and Documentation: Add when comprehensive training or documentation is part of the license

8. Audit Rights: Include when licensor requires rights to audit licensee's use of the software

Suggested Schedules

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

2. Schedule 2 - License Fees: Breakdown of all fees, payment schedules, and pricing terms

3. Schedule 3 - Service Levels: Detailed performance metrics, support levels, and response times

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

5. Schedule 5 - Support Services: Detailed description of support and maintenance services provided

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

7. Appendix B - Data Processing Terms: Specific terms for handling personal and sensitive data in compliance with PDPA 2010

8. Appendix C - Security Protocols: Detailed security requirements and procedures for software use and data protection

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
Agreement
Authorized Users
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Personal Data
Security Breach
Service Levels
Software Updates
Source Code
Specification
Support Services
System Requirements
Technical Support
Territory
Third Party Software
User Data
Usage Rights
Access Credentials
Acceptance Tests
Affiliate
Authorized Device
Business Day
Business Hours
Customization
Data Protection Laws
Defect
Deliverables
Development Services
Disaster Recovery Plan
Error
Force Majeure Event
Implementation Services
Installation
Integration
License Key
Maintenance Window
Material Breach
Modifications
Operating Environment
Performance Standards
Privacy Policy
Processing
Response Time
Software Interface
Support Request
Training Services
Upgrade
User Interface
Virus
Warranty Period
Clauses
Definitions
License Grant
License Restrictions
Intellectual Property
Confidentiality
Data Protection
Payment Terms
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Support Services
Maintenance
Security Requirements
Access Rights
Usage Monitoring
Audit Rights
Export Control
Software Updates
Integration
Performance Standards
Documentation
Training
Acceptance Testing
Implementation
Service Levels
Technical Requirements
Disaster Recovery
Third Party Rights
Compliance
Amendment
Severability
Entire Agreement
Relevant Industries

Information Technology

Financial Services

Healthcare

E-commerce

Manufacturing

Education

Telecommunications

Professional Services

Government and Public Sector

Retail

Media and Entertainment

Banking

Insurance

Logistics and Supply Chain

Relevant Teams

Legal

Information Technology

Compliance

Procurement

Software Development

Product Management

Risk Management

Information Security

Operations

Business Development

Vendor Management

Technical Support

Contract Administration

Relevant Roles

Legal Counsel

Software Licensing Manager

Compliance Officer

IT Director

Chief Technology Officer

Procurement Manager

Contract Manager

Software Development Manager

Chief Information Officer

Legal Operations Manager

Risk Management Officer

Information Security Manager

Product Manager

Business Development Manager

Technology Consultant

Industries
Contracts Act 1950: Primary legislation governing contract formation, validity, and enforcement in Malaysia. Essential for ensuring the EULA meets basic contract requirements like offer, acceptance, consideration, and capacity.
Consumer Protection Act 1999: Protects consumer rights and interests, particularly relevant for unfair contract terms and consumer guarantees in software licensing agreements.
Digital Signature Act 1997: Governs the use of digital signatures in electronic contracts, relevant for online acceptance of EULA terms.
Copyright Act 1987: Protects software intellectual property rights and governs licensing of copyrighted materials.
Personal Data Protection Act 2010: Regulates the collection, use, and processing of personal data, crucial if the software collects or processes user information.
Electronic Commerce Act 2006: Provides legal recognition for electronic transactions and communications, relevant for online software distribution and licensing.
Computer Crimes Act 1997: May be relevant for terms regarding unauthorized access, modification of software, or other computer-related offenses.
Competition Act 2010: Ensures that licensing terms do not contain anti-competitive provisions or abuse market dominance.
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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