The Software License Reseller Agreement is essential for businesses seeking to expand their software distribution network in Malaysia through authorized resellers. This agreement is commonly used when a software owner wishes to leverage local market expertise and distribution channels while maintaining control over their intellectual property. It comprehensively addresses the Malaysian legal framework, including compliance with local electronic commerce laws, data protection regulations, and consumer protection requirements. The document typically includes detailed provisions for licensing rights, territorial restrictions, pricing structures, support obligations, and performance requirements. It's particularly important in the Malaysian market where relationships between international software providers and local resellers need clear governance and protection under local law.
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1. Parties: Identification of the software owner/licensor and the reseller, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the reseller arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined territory for operations
5. License Grant: Scope of license granted to reseller, including rights to market, distribute and sublicense
6. Reseller Obligations: Core responsibilities of the reseller including marketing, sales targets, and customer support
7. Software Owner Obligations: Responsibilities of the software owner including support, updates, and training
8. Intellectual Property Rights: Protection and ownership of IP, including trademarks and copyrights
9. Fees and Payment Terms: Financial terms, including pricing, payment schedules, and commission structures
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Indemnities: Warranties provided by both parties and indemnification obligations
13. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Marketing and Promotion: Detailed marketing requirements and guidelines, used when specific marketing obligations need to be outlined
2. Training Requirements: Specific training obligations and procedures, included when comprehensive training programs are required
3. Service Level Agreement: Detailed service levels and support requirements, used for complex software products
4. Data Protection: Specific data protection and privacy requirements, included when personal data processing is involved
5. Export Controls: Export control compliance requirements, needed for international distribution
6. Source Code Escrow: Terms for source code escrow arrangements, used for critical software implementations
7. Non-Competition: Restrictions on competing activities, included when exclusivity is important
8. Insurance Requirements: Specific insurance obligations, used for high-value or high-risk arrangements
1. Schedule 1: Software Description: Detailed description of the software, including features and specifications
2. Schedule 2: License Fees and Commission Structure: Detailed pricing, commission rates, and payment terms
3. Schedule 3: Service Level Requirements: Technical support and maintenance service levels
4. Schedule 4: Territory Definition: Detailed description of authorized sales territory
5. Schedule 5: Marketing Guidelines: Approved marketing practices and brand usage guidelines
6. Schedule 6: End User License Agreement: Standard EULA to be used with end customers
7. Schedule 7: Technical Requirements: Technical specifications and implementation requirements
8. Schedule 8: Reporting Templates: Standard forms for sales reporting and performance tracking
Find the exact document you need
Software License Reseller Agreement
A Malaysian law-governed agreement establishing terms for software distribution through authorized resellers, including licensing, commercial terms, and compliance requirements.
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Reseller Software License
A Malaysian law-governed agreement establishing terms for software resale and distribution rights between a software owner and reseller.
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