The Master Software License Agreement is a foundational document used when a software provider wishes to license its software products to enterprise customers in Malaysia. This agreement serves as the primary framework for establishing long-term software licensing relationships, ensuring compliance with Malaysian legislation including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010. It's particularly crucial when dealing with enterprise-wide software deployments, multiple user licenses, or complex software solutions that require detailed terms for usage, maintenance, and support. The agreement typically includes comprehensive provisions for intellectual property protection, payment structures, service levels, and dispute resolution mechanisms, all tailored to meet Malaysian legal requirements and business practices.
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1. Parties: Identification of the licensor and licensee, including registered addresses and company registration numbers
2. Background: Context of the agreement, brief description of the software, and purpose of the licensing arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to the software
4. Grant of License: Scope of the license, usage rights, restrictions, and territory limitations
5. License Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of infringement claims
7. Confidentiality: Protection of confidential information, including software code and trade secrets
8. Data Protection and Privacy: Compliance with PDPA 2010 and data handling requirements
9. Warranties and Representations: Software performance guarantees, compliance with laws, and standard warranties
10. Limitation of Liability: Caps on liability and exclusions in accordance with Malaysian law
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. Post-Termination Obligations: Requirements after agreement ends, including data return or destruction
13. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements, used when licensee requires additional security
2. Professional Services: Terms for additional implementation or customization services, if offered
3. Service Levels: Performance metrics and service levels for cloud-based or hosted software
4. Disaster Recovery: Business continuity requirements for critical software implementations
5. Export Control: Compliance with export regulations, needed for international usage
6. Third-Party Software: Terms relating to incorporated third-party software components
7. Hardware Requirements: Specific hardware requirements or restrictions for software use
8. Training and Support: Terms for user training and ongoing technical support if offered separately
1. Schedule 1 - Licensed Software: Detailed description of licensed software, modules, and components
2. Schedule 2 - Technical Specifications: Technical requirements, performance specifications, and compatibility details
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and fee calculation methods
4. Schedule 4 - Service Level Agreement: Detailed service levels, metrics, and remedies for hosted solutions
5. Schedule 5 - Support Services: Support tier definitions, response times, and escalation procedures
6. Schedule 6 - Approved Sub-licensees: List of authorized sub-licensees if sub-licensing is permitted
7. Schedule 7 - Security Requirements: Security standards, protocols, and compliance requirements
8. Appendix A - Acceptance Testing: Testing procedures, acceptance criteria, and sign-off requirements
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