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Shared Software License

Shared Software License Template for Malaysia

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Key Requirements PROMPT example:

Shared Software License

"I need a Shared Software License agreement under Malaysian law for enterprise resource planning software to be used jointly by our main company and three subsidiary companies, with the license period starting from March 1, 2025, including provisions for data sharing between entities and clear cost allocation structures."

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Document background
The Shared Software License agreement is essential for organizations seeking to establish legal and operational frameworks for shared software usage in Malaysia. This document type is particularly relevant when multiple entities need to access and utilize the same software platform under a single licensing arrangement. The agreement ensures compliance with Malaysian legislation, including the Copyright Act 1987, Contracts Act 1950, and relevant digital commerce laws. It covers crucial aspects such as licensing terms, usage rights, maintenance responsibilities, cost allocation, and liability provisions. The document is structured to protect both the software provider's intellectual property rights and the licensees' usage rights while maintaining clarity on shared responsibilities and obligations.
Suggested Sections

1. Parties: Identification of the licensor and all licensees involved in the shared license arrangement

2. Background: Context of the agreement, nature of the software, and purpose of the shared licensing arrangement

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

4. Grant of License: Specific terms of the license grant, including scope, territory, and nature of sharing arrangements

5. License Restrictions: Clear limitations on use, copying, modification, and distribution of the software

6. Payment Terms: License fees, payment schedule, and cost-sharing arrangements between licensees

7. Intellectual Property Rights: Assertion of ownership rights and protection of intellectual property

8. Confidentiality: Protection of confidential information and trade secrets

9. Warranties and Representations: Warranties regarding software functionality, ownership, and non-infringement

10. Limitation of Liability: Limits on liability and allocation of risks between parties

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

12. Post-Termination Obligations: Requirements and restrictions after agreement termination

13. General Provisions: Standard clauses including governing law, notices, and dispute resolution

Optional Sections

1. Professional Services: Terms for additional services like installation, training, or maintenance

2. Service Level Agreement: Performance standards and support commitments, if ongoing support is provided

3. Data Protection: Specific provisions for handling personal data if the software processes user information

4. Source Code Escrow: Terms for source code escrow arrangements if agreed between parties

5. Custom Development: Terms for any customization or development work to be performed

6. Export Control: Compliance with export control laws if software is used internationally

7. Audit Rights: Rights to audit usage and compliance with license terms

8. Insurance: Insurance requirements for parties if significant risks are involved

Suggested Schedules

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

2. Schedule 2 - Technical Specifications: Technical requirements, system specifications, and compatibility requirements

3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment structure

4. Schedule 4 - Support Services: Details of support services, response times, and escalation procedures

5. Schedule 5 - Authorized Users: List of authorized users or user categories and their access rights

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 legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Implementation Period
Initial Term
Intellectual Property Rights
License Fee
License Period
Licensed Software
Licensor
Maintenance Services
Modifications
Normal Business Hours
Primary Licensee
Professional Services
Secondary Licensee
Security Requirements
Service Levels
Software Specifications
Source Code
Support Services
System Requirements
Technical Standards
Territory
Third Party Software
Updates
User Access Level
User Authentication
Version Release
Warranty Period
Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Education

Telecommunications

E-commerce

Government and Public Sector

Research and Development

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Risk Management

Operations

Information Security

Finance

Business Development

Project Management

Relevant Roles

Chief Technology Officer

Legal Counsel

IT Director

Software Licensing Manager

Procurement Manager

Contract Administrator

Information Security Officer

Compliance Officer

Technology Risk Manager

Business Development Manager

Project Manager

Software Asset Manager

Industries
Copyright Act 1987: Primary legislation protecting software as a literary work, establishing ownership rights, and governing licensing of copyrighted materials
Contracts Act 1950: Governs the formation and enforcement of contracts, including licensing agreements, setting out rules for offer, acceptance, consideration, and contractual terms
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions, relevant if the software processes user data
Consumer Protection Act 1999: Relevant if the software license is provided to consumers, ensuring fair terms and protection of consumer rights
Competition Act 2010: Ensures licensing terms don't create anti-competitive effects in the market
Electronic Commerce Act 2006: Relevant for digital transactions and electronic contracts, particularly for software distributed online
Computer Crimes Act 1997: May be relevant for including terms related to unauthorized use, modification, or access to the software
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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