A Software As A Service License Agreement is essential for businesses providing or procuring cloud-based software solutions in Malaysia. This agreement is used when a service provider offers software applications accessible via the internet on a subscription basis, rather than through traditional software licensing. It must comply with Malaysian legislation, particularly the Personal Data Protection Act 2010, Electronic Commerce Act 2006, and Contracts Act 1950. The document covers critical aspects including service access rights, data processing terms, service levels, support commitments, and liability limitations. It's particularly important for ensuring compliance with local data protection requirements and establishing clear terms for cross-border service provision. The agreement should be customized based on the specific SaaS solution, industry requirements, and the customer's usage needs while maintaining compliance with Malaysian regulatory requirements.
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1. Parties: Identification of the contracting parties - the SaaS provider and the customer
2. Background: Context of the agreement and brief description of the SaaS service being provided
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, permitted uses, and access rights to the SaaS solution
5. Service Provision: Details of service delivery, availability, and maintenance
6. Customer Obligations: Customer's responsibilities, acceptable use policy, and access management
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection and Security: Compliance with PDPA 2010, data handling, security measures, and privacy obligations
9. Intellectual Property Rights: Ownership of IP, restrictions, and protections
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal, termination rights, and consequences of termination
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
13. Force Majeure: Events beyond reasonable control and their impact on obligations
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Third-Party Integrations: Include when the SaaS solution interfaces with third-party applications
3. Disaster Recovery: Include for critical business applications requiring specific recovery commitments
4. Change Control: Include when formal processes for service modifications are required
5. Audit Rights: Include for regulated industries or when customer requires audit capabilities
6. Insurance: Include when specific insurance coverage requirements exist
7. Service Credits: Include when financial compensation for service level failures is offered
8. Exit Assistance: Include when transition services at termination are required
1. Service Description: Detailed description of the SaaS solution, features, and functionality
2. Service Level Agreement: Performance metrics, measurement methods, and remedies
3. Support Services: Support levels, response times, and escalation procedures
4. Security Requirements: Detailed security protocols, standards, and compliance requirements
5. Pricing Schedule: Detailed fee structure, including subscription tiers and optional services
6. Data Processing Agreement: Detailed terms for personal data processing under PDPA 2010
7. Acceptable Use Policy: Detailed rules and restrictions for use of the SaaS solution
8. Technical Requirements: Customer infrastructure and system requirements
Relevant legal definitions
Agreement
Authorized User
Business Day
Business Hours
Confidential Information
Customer
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Maintenance Window
Personal Data
Platform
Provider
Renewal Term
Service Credits
Service Level Agreement
Services
Software
Subscription
Support Services
System Requirements
Term
Third Party Software
Updates
User Credentials
Virus
Website
Authorized User
Business Day
Business Hours
Confidential Information
Customer
Customer Data
Documentation
Effective Date
Emergency Maintenance
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Maintenance Window
Personal Data
Platform
Provider
Renewal Term
Service Credits
Service Level Agreement
Services
Software
Subscription
Support Services
System Requirements
Term
Third Party Software
Updates
User Credentials
Virus
Website
Clauses
License Grant
Service Access
Service Levels
Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Support Services
Maintenance
Customer Obligations
Provider Obligations
Warranties
Indemnification
Limitation of Liability
Term
Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Service Availability
Acceptable Use
Security Requirements
Disaster Recovery
Notice
Amendment
Severability
Entire Agreement
Survival
Service Access
Service Levels
Payment
Data Protection
Data Security
Confidentiality
Intellectual Property
Support Services
Maintenance
Customer Obligations
Provider Obligations
Warranties
Indemnification
Limitation of Liability
Term
Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Service Availability
Acceptable Use
Security Requirements
Disaster Recovery
Notice
Amendment
Severability
Entire Agreement
Survival
Relevant Industries
Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Telecommunications
Government
E-commerce
Insurance
Banking
Logistics
Construction
Real Estate
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Risk Management
Operations
Software Development
Service Delivery
Solutions Architecture
Vendor Management
Contract Administration
Data Protection
Technical Support
Customer Success
Relevant Roles
Chief Technology Officer
Chief Information Officer
Legal Counsel
IT Director
Procurement Manager
Data Protection Officer
Information Security Manager
Contract Manager
Software Development Manager
Operations Director
Compliance Officer
Risk Manager
Technical Account Manager
Service Delivery Manager
Solution Architect
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