The Software License And Service Agreement is essential for any software deployment in Malaysia, whether it's an on-premise installation or a cloud-based solution. This document is typically used when a software provider wishes to license their software and provide ongoing services to customers while ensuring compliance with Malaysian legislation, including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010. The agreement covers critical aspects such as license scope, usage rights, service levels, maintenance and support, data protection, and intellectual property rights. It's particularly important in regulated industries where data protection and service reliability are crucial. The document should be customized based on the deployment model (on-premise vs. SaaS), the nature of services provided, and specific industry requirements.
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1. Parties: Identification of the licensor and licensee with full legal names and registration details
2. Background: Context of the agreement, brief description of the software and services, and general intent of the parties
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. License Grant: Scope of software license, usage rights, restrictions, and territory limitations
5. Services: Description of services to be provided, including implementation, maintenance, and support
6. Fees and Payment: License fees, service fees, payment terms, and consequences of non-payment
7. Intellectual Property Rights: Ownership of IP, protection of rights, and restrictions on use
8. Data Protection and Security: Compliance with PDPA, data handling obligations, and security requirements
9. Confidentiality: Protection of confidential information and trade secrets
10. Warranties and Representations: Standard warranties regarding software, services, and general representations
11. Limitation of Liability: Limitations and exclusions of liability under Malaysian law
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Force Majeure: Events excusing performance and related procedures
14. General Provisions: Standard boilerplate including governing law, notices, and assignment
15. Execution: Signature blocks and execution formalities
1. Service Level Agreement: Detailed service levels and performance metrics - include for SaaS or hosted solutions
2. Professional Services: Additional implementation or consulting services - include if professional services are part of the deal
3. Third-Party Software: Terms relating to third-party software components - include if third-party software is incorporated
4. Hardware Requirements: Minimum hardware specifications - include for on-premise software installations
5. Disaster Recovery: Disaster recovery and business continuity provisions - include for business-critical applications
6. Change Control: Procedures for managing changes to software or services - include for complex implementations
7. Export Control: Export control compliance - include if international usage is contemplated
8. Source Code Escrow: Source code escrow arrangements - include if requested by enterprise customers
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Service Specifications: Detailed description of maintenance, support, and other services
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, including license fees, service fees, and payment schedules
4. Schedule 4 - Technical Requirements: Technical specifications, system requirements, and integration requirements
5. Schedule 5 - Service Level Metrics: Detailed service levels, measurement methods, and remedies
6. Schedule 6 - Support Procedures: Support tier definitions, escalation procedures, and response times
7. Appendix A - Acceptable Use Policy: Rules and restrictions for use of the software and services
8. Appendix B - Data Processing Agreement: Detailed data protection and processing terms compliant with PDPA
Relevant legal definitions
Agreement
Acceptance Criteria
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Personal Data
Professional Services
Service Level Agreement
Services
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Manual
Work Product
Implementation Services
Integration Services
Access Credentials
Affiliate
Authorized Representative
Backup Copy
Commencement Date
Configuration
Custom Modifications
Data Protection Laws
Designated Contact
Disaster Recovery Plan
Error
Good Industry Practice
Help Desk
Installation Site
License Key
Maintenance Window
Material Breach
Modification
Object Code
Operating Environment
Response Time
Security Policy
Service Credits
Software Interface
Technical Support
Usage Data
Virus
Warranty Period
Acceptance Criteria
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
License
Licensed Software
Maintenance Services
Personal Data
Professional Services
Service Level Agreement
Services
Software
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Software
Updates
Upgrades
User Manual
Work Product
Implementation Services
Integration Services
Access Credentials
Affiliate
Authorized Representative
Backup Copy
Commencement Date
Configuration
Custom Modifications
Data Protection Laws
Designated Contact
Disaster Recovery Plan
Error
Good Industry Practice
Help Desk
Installation Site
License Key
Maintenance Window
Material Breach
Modification
Object Code
Operating Environment
Response Time
Security Policy
Service Credits
Software Interface
Technical Support
Usage Data
Virus
Warranty Period
Clauses
License Grant
Service Provision
Payment Terms
Intellectual Property
Confidentiality
Data Protection
Service Levels
Support and Maintenance
Implementation
Warranties
Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Audit Rights
Security
Acceptance Testing
Documentation
Training
Third Party Rights
Insurance
Notices
Amendment
Severability
Entire Agreement
Non-Solicitation
Compliance with Laws
Export Control
Business Continuity
Subcontracting
Performance Monitoring
Change Management
Service Provision
Payment Terms
Intellectual Property
Confidentiality
Data Protection
Service Levels
Support and Maintenance
Implementation
Warranties
Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Audit Rights
Security
Acceptance Testing
Documentation
Training
Third Party Rights
Insurance
Notices
Amendment
Severability
Entire Agreement
Non-Solicitation
Compliance with Laws
Export Control
Business Continuity
Subcontracting
Performance Monitoring
Change Management
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Professional Services
Telecommunications
Government and Public Sector
E-commerce
Logistics and Supply Chain
Construction
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Information Security
Operations
Risk Management
Software Development
Solutions Architecture
Project Management
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Chief Information Officer
Legal Counsel
Procurement Manager
Software Development Manager
Information Security Officer
Chief Financial Officer
Compliance Officer
Operations Director
Contract Manager
Enterprise Architect
Solutions Architect
IT Project Manager
Risk Manager
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