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Private Software License

Private Software License Template for Malaysia

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Key Requirements PROMPT example:

Private Software License

"I need a Private Software License agreement under Malaysian law for licensing my enterprise resource planning software to manufacturing companies, with specific clauses for user limitations, data security requirements, and quarterly software updates starting from March 2025."

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Document background
This Private Software License agreement is essential for any software provider operating in Malaysia who wishes to license their software products to private users or organizations. The document is structured in accordance with Malaysian legal requirements, incorporating provisions from key legislation such as the Copyright Act 1987, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It serves as a crucial legal framework that protects the intellectual property rights of the software provider while clearly defining the licensee's usage rights, obligations, and restrictions. The agreement is particularly relevant in today's digital economy where software licensing is a common business model, and it includes specific provisions for maintenance, support, updates, and technical requirements while ensuring compliance with Malaysian contractual and intellectual property laws.
Suggested Sections

1. Parties: Identification and details of the licensor and licensee

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

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

4. Grant of License: Scope and nature of the license being granted, including any territorial or usage restrictions

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

6. Intellectual Property Rights: Declaration and protection of IP rights, ownership of software and derivatives

7. Confidentiality: Protection of confidential information and trade secrets

8. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the software

9. Technical Support and Maintenance: Terms for ongoing support, updates, and maintenance services

10. Term and Termination: Duration of the license and circumstances for termination

11. Warranties and Disclaimers: Software performance warranties and limitation of warranties

12. Limitation of Liability: Caps on liability and exclusions of certain types of damages

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

Optional Sections

1. Data Protection: Required if the software processes personal data or if data protection is a significant concern

2. Service Level Agreement: Include for software that requires specific performance standards or uptime guarantees

3. Third-Party Software: Required if the software incorporates third-party components or dependencies

4. Export Control: Include if the software is subject to export control regulations

5. Source Code Escrow: Optional section for critical software where source code access might be needed in specific circumstances

6. Training and Implementation: Include if the license includes initial setup and training services

7. Audit Rights: Include if the licensor needs rights to audit licensee's use of the software

Suggested Schedules

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

2. Schedule 2 - License Fees and Payment Terms: Detailed breakdown of fees, payment schedule, and calculation methods

3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance procedures

4. Schedule 4 - Technical Requirements: Hardware, software, and network requirements for proper operation

5. Schedule 5 - Authorized Users: If applicable, details of user categories and access levels

6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software usage

7. Appendix B - Security Requirements: Security protocols and requirements for software usage 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
Business Day
Confidential Information
Documentation
Effective Date
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Source Code
Object Code
Software Updates
Support Services
System Requirements
Technical Specifications
Territory
User Manual
Warranty Period
Working Hours
Implementation Period
Access Credentials
Authorized Location
Backup Copy
Commencement Date
Customization
Data Protection Laws
Designated Equipment
Error
Installation
License Key
Maintenance Release
Performance Standards
Security Requirements
Service Level Agreement
Software Interface
Third Party Software
User License
Version Release
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Education

Professional Services

Telecommunications

E-commerce

Government and Public Sector

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Software Development

Operations

Finance

Digital Transformation

Relevant Roles

Chief Technology Officer

IT Director

Software Development Manager

Legal Counsel

Procurement Manager

Compliance Officer

Information Security Manager

Contract Administrator

Technology Operations Manager

Enterprise Architect

Software Asset Manager

Risk Management Officer

Chief Information Officer

Digital Transformation Manager

Industries
Copyright Act 1987: Primary legislation protecting software as intellectual property in Malaysia. Covers software copyright ownership, duration of protection, and enforcement mechanisms.
Contracts Act 1950: Governs the formation and enforcement of contracts in Malaysia, including essential elements like offer, acceptance, consideration, and capacity to contract.
Electronic Commerce Act 2006: Regulates electronic transactions and digital agreements, providing legal recognition for electronic contracts and digital signatures.
Consumer Protection Act 1999: Relevant if the software license is for consumer use, providing protection against unfair contract terms and ensuring quality guarantees.
Personal Data Protection Act 2010: Important if the software processes personal data, governing data collection, processing, and storage requirements.
Computer Crimes Act 1997: Relevant for including terms related to unauthorized access, modification of software, and other computer-related offenses.
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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