The Third Party Software License Agreement is essential for organizations operating in Malaysia that wish to legally license software from third-party vendors. This agreement is crucial when a business needs to use commercial software products and requires formal authorization from the software owner. It provides comprehensive coverage of licensing terms, usage rights, restrictions, intellectual property protection, and compliance with Malaysian legislation including the Copyright Act 1987, Personal Data Protection Act 2010, and Electronic Commerce Act 2006. The agreement is particularly important in the Malaysian context where software piracy concerns and data protection requirements necessitate clear licensing terms and conditions. It should be used whenever an organization plans to implement third-party software solutions in their operations, whether for internal use or customer-facing applications.
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1. Parties: Identification of the licensor and licensee with full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope and nature of the license, including usage rights, restrictions, and territory
5. License Fees and Payment: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Ownership of IP rights, protection measures, and infringement procedures
7. Confidentiality: Protection of confidential information and trade secrets
8. Warranties and Representations: Warranties regarding software functionality, performance, and compliance
9. Limitation of Liability: Limitations on liability and exclusions of certain types of damages
10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
11. Post-Termination Obligations: Obligations of parties after agreement termination
12. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Software Maintenance and Support: Terms for ongoing maintenance, updates, and technical support - include if maintenance services are part of the agreement
2. Data Protection and Privacy: Compliance with PDPA 2010 and data handling procedures - include if personal data is processed
3. Service Level Agreement: Performance metrics and service levels - include if specific performance guarantees are required
4. Third Party Components: Terms relating to third-party software components - include if the software incorporates third-party elements
5. Export Control: Export compliance requirements - include if international usage is contemplated
6. Source Code Escrow: Terms for source code escrow arrangements - include if source code access might be needed
7. Training and Implementation: Terms for user training and implementation services - include if these services are provided
8. Audit Rights: Rights to audit usage and compliance - include for high-value or high-risk licenses
1. Schedule 1 - Software Description: Detailed description of the licensed software, including versions and components
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications
3. Schedule 3 - License Fees: Detailed breakdown of license fees and payment structure
4. Schedule 4 - Support Services: Detailed description of support and maintenance services
5. Appendix A - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
6. Appendix B - Service Level Agreement: Detailed service levels and performance metrics
7. Appendix C - Data Processing Agreement: Detailed terms for handling personal data if applicable
Relevant legal definitions
Acceptance Date
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Enhancement
Error
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Major Release
Minor Release
Personal Data
Security Breach
Service Level Agreement
Software Specification
Source Code
Support Services
System Requirements
Territory
Third Party Components
Updates
Upgrade
User Manual
Virus
Warranty Period
Work Product
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Enhancement
Error
Intellectual Property Rights
License Fee
License Term
Licensed Software
Maintenance Services
Major Release
Minor Release
Personal Data
Security Breach
Service Level Agreement
Software Specification
Source Code
Support Services
System Requirements
Territory
Third Party Components
Updates
Upgrade
User Manual
Virus
Warranty Period
Work Product
Clauses
License Grant
Payment
Intellectual Property
Warranties
Limitation of Liability
Confidentiality
Data Protection
Support and Maintenance
Term and Termination
Force Majeure
Assignment
Audit Rights
Governing Law
Dispute Resolution
Indemnification
Software Security
Acceptance Testing
Service Levels
Usage Restrictions
Export Control
Compliance
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Anti-Corruption
Installation and Implementation
Training
Disaster Recovery
Payment
Intellectual Property
Warranties
Limitation of Liability
Confidentiality
Data Protection
Support and Maintenance
Term and Termination
Force Majeure
Assignment
Audit Rights
Governing Law
Dispute Resolution
Indemnification
Software Security
Acceptance Testing
Service Levels
Usage Restrictions
Export Control
Compliance
Notices
Entire Agreement
Severability
Amendment
Third Party Rights
Anti-Corruption
Installation and Implementation
Training
Disaster Recovery
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Education
Telecommunications
Professional Services
Government
E-commerce
Construction
Energy
Logistics
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Operations
Risk Management
Vendor Management
Software Development
Enterprise Architecture
Relevant Roles
Chief Technology Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Compliance Officer
Information Security Manager
Operations Manager
Technology Procurement Specialist
Contract Manager
Software Asset Manager
Enterprise Architect
Risk Manager
Vendor Management Lead
IT Project Manager
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