The Software Usage Agreement serves as a crucial legal instrument for software providers and users operating within the Malaysian jurisdiction. This document is essential when organizations or individuals wish to license software for use while ensuring compliance with Malaysian legal requirements. The agreement comprehensively addresses licensing terms, usage rights, restrictions, intellectual property protection, and data privacy considerations. It is specifically designed to align with Malaysian legislation, including the Electronic Commerce Act 2006, Copyright Act 1987, and Personal Data Protection Act 2010. The Software Usage Agreement is particularly important in establishing clear boundaries for software utilization, maintenance responsibilities, and liability limitations, while providing legal protection for both the software provider and the end user.
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1. Parties: Identification of the software provider/licensor and the user/licensee with full legal details
2. Background: Context of the agreement and brief description of the software and its intended use
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the software license being granted
5. License Fees and Payment: Details of licensing costs, payment terms, and methods
6. User Obligations: Key responsibilities and restrictions on the user's use of the software
7. Intellectual Property Rights: Protection of IP rights and ownership of the software
8. Confidentiality: Obligations regarding confidential information protection
9. Term and Termination: Duration of the agreement and conditions for termination
10. Warranties and Disclaimers: Software performance warranties and limitation of warranties
11. Limitation of Liability: Limits on liability and exclusions of damages
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details
1. Data Protection and Privacy: Required when the software processes personal data, ensuring compliance with PDPA 2010
2. Service Level Agreement: Include when specific performance levels or support services are guaranteed
3. Third-Party Software: Necessary when the software incorporates third-party components or integrations
4. Export Control: Include for software that may be subject to export regulations
5. Insurance: Required when specific insurance coverage is necessary for high-risk applications
6. Source Code Escrow: Optional section for enterprise software where source code access might be needed
7. Audit Rights: Include when usage monitoring and audit capabilities are required
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment schedules
3. Schedule 3 - Service Levels: Detailed service level commitments and support terms if applicable
4. Schedule 4 - Technical Requirements: Minimum system requirements and technical specifications
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
6. Appendix B - Security Requirements: Security protocols and requirements for software usage
Relevant legal definitions
Acceptance Date
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Intellectual Property Rights
License
License Term
Maintenance Services
Personal Data
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Support
Territory
Third Party Software
Usage Data
User Account
User Interface
Working Hours
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Fees
Intellectual Property Rights
License
License Term
Maintenance Services
Personal Data
Software
Software Updates
Source Code
Specifications
Support Services
System Requirements
Technical Support
Territory
Third Party Software
Usage Data
User Account
User Interface
Working Hours
Clauses
License Grant
Usage Rights
Payment Terms
Intellectual Property
Confidentiality
Data Protection
Service Levels
Technical Support
Warranties
Liability Limitation
Indemnification
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Compliance
Software Updates
Maintenance
Audit Rights
Security Requirements
User Obligations
Export Control
Insurance
Notices
Entire Agreement
Severability
Survival
Usage Rights
Payment Terms
Intellectual Property
Confidentiality
Data Protection
Service Levels
Technical Support
Warranties
Liability Limitation
Indemnification
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Compliance
Software Updates
Maintenance
Audit Rights
Security Requirements
User Obligations
Export Control
Insurance
Notices
Entire Agreement
Severability
Survival
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government and Public Sector
E-commerce
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Risk Management
Operations
Information Security
Contract Administration
Software Asset Management
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software License Manager
Compliance Officer
Information Security Manager
Contract Administrator
Risk Manager
Operations Manager
Technical Project Manager
Software Asset Manager
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