This Lifetime Software License agreement is designed for situations where a perpetual, non-revocable license is required for software use in Malaysia. It is particularly suitable for business-critical software implementations where the licensee needs guaranteed long-term access to the software without recurring license fees. The agreement covers essential aspects such as intellectual property rights, usage parameters, technical specifications, and support terms, while ensuring compliance with Malaysian legislation. This type of license is typically used for stable, mature software products where both parties benefit from a one-time transaction rather than a subscription model. The document includes provisions for software updates, technical support (if applicable), and circumstances under which the license may be terminated despite its perpetual nature, such as material breach or intellectual property infringement.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Defined terms used throughout the agreement
4. Grant of License: Scope of the perpetual license, including usage rights and restrictions
5. License Fee: One-time payment terms for the lifetime license
6. Intellectual Property Rights: Ownership of IP and protection of licensor's rights
7. Use Restrictions: Specific limitations on use, copying, modification, and distribution
8. Licensee Obligations: Key responsibilities of the licensee in using the software
9. Warranties and Representations: Software performance guarantees and disclaimers
10. Liability and Indemnification: Limitation of liability and indemnification provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Circumstances allowing termination despite lifetime nature (e.g., breach)
13. General Provisions: Standard boilerplate clauses including governing law and notices
1. Software Updates: Terms for providing and installing software updates, used when updates are part of the agreement
2. Technical Support: Support services terms and service levels, included if ongoing support is provided
3. Data Protection: Compliance with PDPA 2010, required if software processes personal data
4. Disaster Recovery: Business continuity provisions, needed for business-critical software
5. Third-Party Software: Terms relating to incorporated third-party software, if applicable
6. Export Controls: Export restriction clauses, needed if software has international use
7. Source Code Escrow: Source code protection terms, important for business-critical applications
1. Schedule 1 - Software Description: Detailed description of the software, including version and components
2. Schedule 2 - Technical Specifications: Technical requirements, functionality, and performance specifications
3. Schedule 3 - License Fee: Detailed breakdown of the one-time license fee and payment terms
4. Schedule 4 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
5. Schedule 5 - Service Level Agreement: Technical support and maintenance terms if included
6. Appendix A - Installation Guide: Technical documentation for software installation and setup
7. Appendix B - User Documentation: End-user documentation and operating procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Telecommunications
Government
Energy
Construction
Transportation
Media and Entertainment
Real Estate
Non-Profit
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Risk Management
Information Security
Operations
Software Asset Management
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Software Procurement Manager
Legal Counsel
Contracts Manager
Information Security Officer
Chief Information Officer
Software License Manager
IT Asset Manager
Chief Financial Officer
Technology Procurement Specialist
Compliance Officer
Risk Manager
Enterprise Architect
Operations Director
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