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Paid Software License Template for Malaysia

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Key Requirements PROMPT example:

Paid Software License

"I need a Paid Software License agreement for my Malaysian fintech company to license our payment processing software to banks, with strong data protection clauses and including source code escrow provisions."

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Document background
This Paid Software License agreement template is designed for use in Malaysia when a software provider (licensor) wishes to grant usage rights to their software in exchange for payment from a customer (licensee). The document complies with Malaysian legal requirements, including the Copyright Act 1987, Contracts Act 1950, and relevant technology laws. It should be used when establishing a commercial software licensing relationship, whether for standard software products or customized solutions. The agreement covers essential aspects such as license scope, fees, usage rights, restrictions, intellectual property protection, warranties, and support services. It includes provisions for both perpetual and subscription-based licensing models, making it suitable for various software deployment scenarios while ensuring compliance with Malaysian regulatory requirements.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal names and addresses

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

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

4. Grant of License: Scope and nature of the software license being granted

5. License Fees and Payment Terms: Details of license fees, payment schedule, and payment methods

6. Intellectual Property Rights: Declaration and protection of IP rights in the software

7. Use Restrictions: Limitations on use, copying, modification, and distribution of the software

8. Term and Termination: Duration of the license and conditions for termination

9. Warranties and Disclaimers: Software performance warranties and liability limitations

10. Confidentiality: Protection of confidential information exchanged between parties

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details

12. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Professional Services: Include when implementation, training, or consulting services are part of the agreement

2. Service Level Agreement: Include when specific performance levels and support services are guaranteed

3. Data Protection: Include when the software processes personal data subject to PDPA 2010

4. Third-Party Software: Include when third-party components are incorporated in the software

5. Export Controls: Include when software may be subject to export restrictions

6. Source Code Escrow: Include when source code escrow arrangements are required

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

8. Disaster Recovery: Include when business continuity requirements need to be addressed

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the licensed software, including version numbers and components

2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment schedule

3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications

4. Schedule 4 - Support Services: Description of support and maintenance services if included

5. Schedule 5 - Authorized Users: Definition of authorized users and usage limitations

6. Appendix A - Acceptable Use Policy: Detailed policies regarding acceptable use of the software

7. Appendix B - Security Requirements: Security standards and requirements for software usage

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 Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Education

Professional Services

Telecommunications

Government

E-commerce

Media and Entertainment

Transportation and Logistics

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Sales

Software Development

Commercial

Risk Management

Finance

Operations

Business Development

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Manager

Software Licensing Manager

Procurement Manager

Contract Administrator

Chief Information Officer

Software Development Manager

Compliance Officer

Commercial Director

Sales Director

IT Director

Legal Director

Risk Manager

Business Development Manager

Industries
Copyright Act 1987: Primary legislation protecting software as intellectual property in Malaysia, covering licensing rights, reproduction, and distribution of software
Contracts Act 1950: Governs the formation and enforcement of contracts in Malaysia, including essential elements like offer, acceptance, and consideration
Consumer Protection Act 1999: Protects consumer rights and interests, particularly relevant if the software is licensed to individual consumers rather than businesses
Electronic Commerce Act 2006: Regulates electronic transactions and provides legal recognition for electronic contracts and digital signatures
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions, relevant if the software collects or processes user data
Digital Signature Act 1997: Provides legal framework for digital signatures, relevant for electronic execution of the license agreement
Computer Crimes Act 1997: Relevant for including provisions against unauthorized access or modification of software
Trade Descriptions Act 2011: Ensures accurate description of products and services, including software capabilities and features
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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