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Software License Subscription

Software License Subscription Template for Malaysia

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Key Requirements PROMPT example:

Software License Subscription

"I need a Software License Subscription agreement for my Malaysian SaaS company that will be licensing HR management software to large corporations, with advanced data protection clauses and multi-user access tiers starting from January 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 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

Industries
Electronic Commerce Act 2006: Governs electronic transactions and provides legal recognition of electronic messages in commercial transactions. Essential for software licensing agreements executed electronically.
Consumer Protection Act 1999: Protects consumers' interests in Malaysia, including provisions for digital products and services. Relevant for B2C software licensing.
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions. Important for software that collects, processes, or stores user data.
Contracts Act 1950: Provides the fundamental principles of contract formation and enforcement in Malaysia. Forms the legal basis for the subscription agreement.
Copyright Act 1987: Protects intellectual property rights, including software and computer programs. Critical for defining license scope and restrictions.
Competition Act 2010: Ensures fair trade practices and prevents anti-competitive behavior. Relevant for licensing terms and conditions.
Digital Signature Act 1997: Provides legal recognition for digital signatures. Important for electronic execution of the license agreement.
Sale of Goods Act 1957: May apply to software licensing in terms of implied warranties and conditions, though primarily focused on physical goods.
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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