This Software User Agreement is essential for any software deployment in Malaysia, whether for commercial or consumer use. It serves as a legally binding contract between software providers and users, incorporating key requirements from Malaysian legislation including the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Consumer Protection Act 1999. The agreement is designed to protect both parties' interests by clearly defining usage rights, restrictions, data handling practices, and liability limitations. It's particularly important in the Malaysian context where digital commerce laws require specific provisions for electronic transactions and data protection. The document should be used whenever software is licensed to users in Malaysia, whether for individual consumer use or enterprise deployment.
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Key Requirements PROMPT example:
Software User Agreement
"I need a Software User Agreement for my mobile banking app that will be launched in Malaysia in March 2025, with specific focus on data protection compliance and integration with third-party payment systems."
1. Parties: Identification of the software provider/licensor and the user/licensee
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the software license, including usage rights and restrictions
5. Terms of Use: Specific conditions and restrictions for using the software
6. User Obligations: User responsibilities and prohibited activities
7. Intellectual Property Rights: Statement of IP ownership and protection measures
8. Data Protection and Privacy: Terms regarding data collection, processing, and privacy compliance
9. Payment Terms: License fees, payment schedule, and related financial terms
10. Term and Termination: Duration of agreement and termination conditions
11. Warranties and Disclaimers: Software warranties and liability limitations
12. Governing Law and Jurisdiction: Specification of Malaysian law application and jurisdiction
1. Service Level Agreement: Include when offering specific performance guarantees or support levels
2. Third-Party Integrations: Include when the software interfaces with third-party services
3. Enterprise User Terms: Include for business/enterprise versions with additional terms
4. Beta Testing Terms: Include for pre-release or beta version software
5. Export Controls: Include if software is subject to international distribution
6. Insurance Requirements: Include for high-risk or enterprise applications
7. Source Code Escrow: Include for enterprise agreements requiring code security
8. Professional Services: Include if offering additional implementation or training services
1. Schedule 1 - Software Description: Detailed description of software features and functionality
2. Schedule 2 - License Fees: Detailed pricing structure and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support Services: Details of technical support and maintenance services
5. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable software use
6. Appendix B - Privacy Policy: Detailed privacy and data handling procedures
7. Appendix C - Service Level Metrics: Detailed performance metrics and service levels
8. Appendix D - Security Requirements: Security protocols and requirements for software use
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
E-commerce
Manufacturing
Professional Services
Telecommunications
Government/Public Sector
Retail
Logistics
Real Estate
Relevant Teams
Legal
Information Technology
Compliance
Procurement
Information Security
Product Management
Risk Management
Operations
Software Development
Contract Administration
Relevant Roles
Chief Technology Officer
IT Manager
Software Development Manager
Legal Counsel
Compliance Officer
Procurement Manager
Information Security Officer
Product Manager
Contract Administrator
Risk Manager
Software Licensing Manager
Data Protection Officer
Enterprise Architect
Operations Manager
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