This Software License Subscription agreement template is designed for use in Malaysia when establishing a contractual relationship for software licensing on a subscription basis. It incorporates essential requirements under Malaysian law, including compliance with the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Contracts Act 1950. The document is suitable for both B2B and B2C arrangements, providing comprehensive coverage of subscription terms, usage rights, service levels, data protection, and intellectual property provisions. It can be customized based on the specific software offering, intended user base, and particular industry requirements while ensuring compliance with Malaysian legal frameworks and commercial practices.
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1. Parties: Identifies and provides details of the licensor and licensee
2. Background: Sets out the context of the agreement and brief description of the software
3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules
4. License Grant: Specifies the scope, nature, and limitations of the software license
5. Subscription Terms: Details the subscription period, renewal terms, and user limits
6. Fees and Payment: Specifies subscription fees, payment terms, and consequences of non-payment
7. Service Levels: Defines the performance standards, availability, and support services
8. User Access and Security: Outlines user access rules, security requirements, and access controls
9. Intellectual Property Rights: Addresses ownership of IP and protection of proprietary rights
10. Confidentiality: Details obligations regarding confidential information
11. Data Protection: Addresses compliance with Malaysian Personal Data Protection Act
12. Warranties and Disclaimers: Sets out warranties provided and limitations of liability
13. Term and Termination: Specifies duration, renewal, termination rights, and consequences
14. General Provisions: Contains standard boilerplate clauses required under Malaysian law
1. Professional Services: Include when implementation, training, or consulting services are provided
2. Disaster Recovery: Include for critical software systems requiring specific recovery procedures
3. Compliance Requirements: Include when software is used in regulated industries
4. Third-Party Integrations: Include when software interfaces with third-party applications
5. Export Controls: Include when software is subject to export restrictions
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Insurance Requirements: Include when specific insurance coverage is required
8. Change Control: Include when formal change management procedures are needed
1. Schedule 1 - Software Description: Detailed description of the software, features, and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, support hours, and response times
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, payment schedule, and pricing tiers
4. Schedule 4 - Technical Requirements: Software technical specifications and system requirements
5. Schedule 5 - Support Services: Detailed description of support and maintenance services
6. Schedule 6 - Data Processing Agreement: Detailed terms for personal data processing if applicable
7. Appendix A - Acceptable Use Policy: Rules and restrictions for software use
8. Appendix B - Security Requirements: Detailed security standards and requirements
Relevant legal definitions
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Initial Term
Intellectual Property Rights
License
Maintenance
Personal Data
Platform
Renewal Term
Security Requirements
Service Levels
Software
Subscription Period
Support Services
System Requirements
Term
Territory
Updates
User Access
User Credentials
Working Hours
Business Day
Confidential Information
Documentation
Effective Date
Fees
Initial Term
Intellectual Property Rights
License
Maintenance
Personal Data
Platform
Renewal Term
Security Requirements
Service Levels
Software
Subscription Period
Support Services
System Requirements
Term
Territory
Updates
User Access
User Credentials
Working Hours
Clauses
License Grant
Subscription
Payment
Service Levels
Support Services
User Access
Security
Data Protection
Confidentiality
Intellectual Property
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Variation
Severability
Third Party Rights
Anti-Corruption
Competition
Data Processing
Audit Rights
Insurance
Export Control
Subscription
Payment
Service Levels
Support Services
User Access
Security
Data Protection
Confidentiality
Intellectual Property
Warranties
Limitation of Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Governing Law
Dispute Resolution
Notices
Entire Agreement
Variation
Severability
Third Party Rights
Anti-Corruption
Competition
Data Processing
Audit Rights
Insurance
Export Control
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government and Public Sector
E-commerce
Media and Entertainment
Insurance
Logistics and Transportation
Real Estate
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Finance
Operations
Risk Management
Vendor Management
Business Development
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Information Security Manager
Contract Administrator
Chief Information Officer
IT Operations Manager
Risk Manager
Data Protection Officer
Software Asset Manager
Vendor Management Specialist
Business Development Manager
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