This Generic EULA template serves as a foundational document for software providers operating under Malaysian law who need to establish clear terms and conditions for their software licensing. The document is particularly relevant in the context of Malaysia's growing digital economy and should be used when distributing software products to end users in Malaysia or when Malaysian law governs the transaction. The EULA includes essential provisions required by Malaysian legislation, including the Electronic Commerce Act 2006, Consumer Protection Act 1999, and Personal Data Protection Act 2010. It addresses key aspects such as license grant, usage restrictions, data protection, intellectual property rights, and liability limitations while ensuring compliance with local consumer protection laws. This Generic EULA can be customized for various software types, from mobile applications to enterprise software solutions, while maintaining its core compliance with Malaysian legal requirements.
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Key Requirements PROMPT example:
Generic EULA
"I need a Generic EULA for my new mobile banking app that will launch in March 2025, compliant with Malaysian law and including specific provisions for handling financial data and user privacy."
1. Parties: Identification of the licensor (software provider) and licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Software', 'License', 'Intellectual Property Rights', etc.
4. Grant of License: Scope of the license, including usage rights, restrictions, and terms of use
5. License Restrictions: Specific prohibitions and limitations on use of the software
6. Intellectual Property Rights: Assertion of ownership rights and protection of IP
7. User Obligations: User's responsibilities regarding software use, security, and compliance
8. Data Collection and Privacy: Terms regarding data collection and processing, compliance with PDPA 2010
9. Updates and Maintenance: Terms regarding software updates, patches, and maintenance
10. Warranty and Disclaimer: Limited warranty terms and disclaimers in compliance with Malaysian consumer law
11. Limitation of Liability: Limitations on liability within bounds of Malaysian law
12. Term and Termination: Duration of agreement and termination conditions
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction
1. Third-Party Components: Used when the software includes third-party components or libraries requiring separate acknowledgment
2. Export Controls: Include when software is subject to international distribution or contains encryption technology
3. Support Services: Include when additional support services are offered with the software
4. Audit Rights: Include for enterprise software where usage monitoring is necessary
5. High Risk Activities: Include when software should not be used in high-risk or life-critical applications
6. Geographic Restrictions: Include when the software has geographic usage restrictions
7. Feedback and Suggestions: Include when user feedback might be incorporated into future versions
1. Schedule 1 - Software Description: Detailed description of the software, including version number and components
2. Schedule 2 - License Fees: If applicable, breakdown of license fees and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
5. Appendix B - Privacy Policy: Detailed privacy policy in compliance with PDPA 2010
6. Appendix C - Support Terms: If applicable, detailed terms of technical support and maintenance
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
E-commerce
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Media and Entertainment
Gaming
Relevant Teams
Legal
Software Development
Product Management
Information Technology
Compliance
Risk Management
Commercial Operations
Intellectual Property
Data Protection
Business Development
Corporate Affairs
Relevant Roles
Legal Counsel
Software Developer
Product Manager
Chief Technology Officer
Compliance Officer
IT Director
Software Licensing Manager
Business Development Manager
Legal Operations Manager
Risk Manager
Commercial Contract Manager
IP Rights Manager
Data Protection Officer
Chief Legal Officer
Chief Information Officer
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