The Software Partner Agreement is designed for use in the Malaysian market where software partnerships are becoming increasingly crucial for business growth and digital transformation. This agreement is typically used when two or more parties wish to formalize their collaboration in software-related business activities, whether it involves software development, distribution, integration, or value-added services. The document addresses key areas required under Malaysian law, including compliance with the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010. It provides comprehensive coverage of intellectual property rights, commercial terms, technical requirements, and operational procedures while incorporating specific provisions needed for software partnerships in Malaysia's digital economy. The agreement is structured to accommodate various partnership models while ensuring legal compliance and protection for all parties involved.
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1. Parties: Identification of the contracting parties including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of each party's business, and purpose of the partnership
3. Definitions: Detailed definitions of technical terms, business concepts, and other important terms used throughout the agreement
4. Partnership Scope: Detailed description of the partnership relationship, roles, and responsibilities of each party
5. Intellectual Property Rights: Ownership, licensing, and protection of software, source code, and related intellectual property
6. Commercial Terms: Revenue sharing, pricing, payment terms, and financial obligations
7. Service Levels: Performance standards, availability requirements, and quality metrics
8. Data Protection and Security: Obligations regarding data privacy, security measures, and compliance with PDPA 2010
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Warranties and Indemnities: Representations, warranties, and indemnification obligations
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices
1. Marketing and Promotion: Terms governing joint marketing activities and brand usage - include when partners plan collaborative marketing
2. Training and Support: Details of training and support services - include when technical training or support is part of the partnership
3. White Labeling: Terms for rebranding software - include for white label partnerships
4. Geographic Restrictions: Territorial limitations and exclusivity - include when partnership has geographic constraints
5. Source Code Escrow: Source code escrow arrangements - include when source code access may be required
6. Professional Services: Terms for additional professional services - include when consulting or custom development is offered
7. Disaster Recovery: Business continuity and disaster recovery requirements - include for critical software partnerships
8. Change Control: Procedures for managing changes to software or services - include for complex technical partnerships
1. Schedule 1 - Software Description: Detailed description of software products, features, and specifications
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies for non-performance
3. Schedule 3 - Pricing and Payment Terms: Detailed pricing structure, revenue sharing models, and payment procedures
4. Schedule 4 - Technical Requirements: Technical specifications, integration requirements, and compatibility standards
5. Schedule 5 - Support Services: Support procedures, response times, and escalation protocols
6. Schedule 6 - Data Processing Agreement: Detailed terms for personal data processing in compliance with PDPA 2010
7. Appendix A - Contact Details: Key contacts and escalation matrix for both parties
8. Appendix B - Change Request Form: Standard form for requesting and documenting changes
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