This document serves as an Evaluation License agreement under Malaysian law, designed for situations where organizations need to assess software, technology, or products before making a full commitment to purchase or license. It is particularly crucial in technology transactions where thorough testing and evaluation are necessary to determine compatibility, performance, and suitability for intended use. The agreement includes essential provisions required by Malaysian legislation, including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010 where applicable. It outlines evaluation parameters, usage restrictions, confidentiality requirements, and clearly defines the temporary nature of the license grant while protecting the intellectual property rights of the licensor.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration numbers, and registered addresses
2. Background: Context of the evaluation license, including brief description of the product/software and purpose of the evaluation
3. Definitions: Key terms used throughout the agreement, including 'Evaluation Period', 'Licensed Product', 'Confidential Information', etc.
4. Grant of License: Scope of the evaluation license, including permitted uses and express restrictions
5. Evaluation Period: Duration of the evaluation period, conditions for extension or early termination
6. Evaluation Purpose: Specific permitted purposes for the evaluation and any restrictions on use
7. Confidentiality: Obligations regarding confidential information accessed during the evaluation
8. Intellectual Property Rights: Confirmation of ownership and protection of IP rights in the licensed product
9. Warranties and Disclaimers: Limited warranties for evaluation purposes and explicit disclaimers
10. Limitation of Liability: Limitations on licensor's liability during evaluation use
11. Termination: Grounds for termination and post-termination obligations
12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Fee and Payment: Include when the evaluation license requires payment of fees
2. Support Services: Include when technical support or training is provided during evaluation
3. Data Protection: Include when personal data processing is involved in the evaluation
4. Export Controls: Include for products subject to export control regulations
5. Feedback Rights: Include when licensee's feedback during evaluation might be used by licensor
6. Insurance: Include when high-risk products require specific insurance coverage
7. Security Requirements: Include when product evaluation involves accessing secure systems or sensitive data
8. Audit Rights: Include when monitoring of evaluation usage is required
1. Schedule 1 - Licensed Product Description: Detailed description of the product being evaluated, including technical specifications
2. Schedule 2 - Evaluation Parameters: Specific metrics, testing criteria, and evaluation objectives
3. Schedule 3 - Technical Requirements: System requirements and technical specifications for implementation
4. Schedule 4 - Support Services: Details of any support services provided during evaluation
5. Schedule 5 - Security Protocols: Security measures and protocols to be followed during evaluation
6. Appendix A - Acceptance Testing Criteria: Criteria for determining successful implementation and testing
7. Appendix B - Report Templates: Templates for evaluation feedback and reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Healthcare
Financial Services
Telecommunications
Research and Development
Education
Biotechnology
Automotive
Energy
Professional Services
Defense and Security
Relevant Teams
Legal
Information Technology
Procurement
Research and Development
Product Development
Compliance
Risk Management
Operations
Business Development
Information Security
Technical Operations
Quality Assurance
Relevant Roles
Chief Technology Officer
Head of Legal
Legal Counsel
Procurement Manager
IT Director
Software Development Manager
Research Director
Product Manager
Compliance Officer
Contract Manager
Intellectual Property Counsel
Technology Assessment Manager
Innovation Director
Business Development Manager
Risk Manager
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