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Proprietary Software Licence

Proprietary Software Licence Template for Malaysia

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Key Requirements PROMPT example:

Proprietary Software Licence

"I need a Proprietary Software License Agreement for my cloud-based accounting software that will be licensed to small businesses in Malaysia, with monthly subscription fees and standard support services included."

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The Proprietary Software License Agreement is essential for software companies operating in Malaysia who wish to protect their intellectual property while monetizing their software through licensing. This document is used when a software owner wants to grant specific usage rights to their software while retaining ownership and control over the intellectual property. The agreement must comply with Malaysian legislation, particularly the Copyright Act 1987, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. It typically includes detailed terms regarding usage restrictions, fees, warranties, support services, and confidentiality obligations. This type of agreement is particularly important in the Malaysian market where software piracy concerns exist and robust legal protection is necessary for software intellectual property.
Suggested Sections

1. Parties: Identification of licensor and licensee with full legal names and registered addresses

2. Background: Context of the agreement, including brief description of the software and purpose of the license

3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement

4. Grant of License: Scope of license, usage rights, restrictions, and territory limitations

5. License Fees: Payment terms, fee structure, and payment schedule

6. Intellectual Property Rights: Assertion of ownership rights, protection of IP, and handling of derivative works

7. Confidentiality: Protection of proprietary information and trade secrets

8. Warranties and Representations: Software performance guarantees and ownership warranties

9. Limitation of Liability: Caps on liability and exclusions of certain types of damages

10. Term and Termination: Duration of license, renewal terms, and termination conditions

11. Post-Termination Obligations: Requirements after agreement ends, including software deletion and return of materials

12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Professional Services: Include when implementation, training, or customization services are provided

2. Service Level Agreement: Include for cloud-based software or when specific performance metrics are guaranteed

3. Data Protection: Include when software processes personal data subject to PDPA

4. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

5. Third-Party Software: Include when third-party components are part of the licensed software

6. Export Controls: Include when software is subject to export regulations

7. Maintenance and Support: Include when ongoing support services are provided

8. Audit Rights: Include when licensor needs right to audit licensee's use of software

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the licensed software

2. License Fees and Payment Schedule: Detailed breakdown of fees, payment terms, and schedules

3. Technical Requirements: Minimum system requirements and technical specifications for software operation

4. Acceptable Use Policy: Detailed terms of permitted and prohibited uses of the software

5. Support and Maintenance Terms: Detailed service levels and support procedures if applicable

6. Data Processing Terms: Specific terms for handling personal data if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































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Relevant Industries

Technology

Banking and Finance

Healthcare

Education

Manufacturing

Retail

Professional Services

Telecommunications

Government

Energy

Transportation

E-commerce

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Commercial

Risk Management

Software Development

Vendor Management

Business Development

Finance

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Licensing Manager

Procurement Manager

IT Director

Compliance Officer

Commercial Director

Chief Information Officer

Software Asset Manager

Contract Administrator

Technology Risk Manager

Chief Legal Officer

Business Development Manager

Industries







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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