The Master Software Agreement serves as the primary contractual framework for software licensing and related services in Malaysia, establishing the fundamental terms and conditions governing the relationship between software providers and their customers. This document is essential when organizations require a comprehensive agreement that can support multiple software implementations, licenses, or services under a single master framework. It incorporates Malaysian legal requirements, including compliance with the Contracts Act 1950, Personal Data Protection Act 2010, and various technology-related regulations. The agreement typically includes provisions for licensing rights, service levels, support and maintenance, data protection, intellectual property rights, and dispute resolution, while allowing for specific details to be addressed in subsequent statements of work or order forms.
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1. Parties: Identification of the contracting parties, including registered addresses and company details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license
5. Intellectual Property Rights: Ownership and protection of IP rights in the software and related materials
6. Payment Terms: Licensing fees, payment schedule, and financial terms
7. Service Levels: Performance standards, availability requirements, and service metrics
8. Support and Maintenance: Scope of support services and maintenance obligations
9. Data Protection and Security: Obligations regarding data protection, security measures, and compliance with privacy laws
10. Confidentiality: Protection and handling of confidential information
11. Warranties and Representations: Standard warranties regarding software performance and service delivery
12. Limitation of Liability: Limits on liability and exclusions of damages
13. Term and Termination: Duration of agreement and termination rights
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Professional Services: Include when implementation, configuration, or customization services are required
2. Change Control: Include for complex implementations requiring formal change management processes
3. Disaster Recovery: Include when business continuity and disaster recovery requirements are critical
4. Source Code Escrow: Include when source code access may be required under specific circumstances
5. Training: Include when vendor will provide user or administrator training
6. Audit Rights: Include when regular compliance or security audits are required
7. Third Party Components: Include when software includes third-party elements requiring separate terms
8. Export Control: Include when software is subject to export control regulations
1. Schedule 1 - Software Description: Detailed description of licensed software components and functionality
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Support Services: Support tiers, response times, and escalation procedures
4. Schedule 4 - Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Schedule 5 - Technical Requirements: Hardware, software, and network requirements for operation
6. Schedule 6 - Security Requirements: Detailed security standards and compliance requirements
7. Appendix A - Authorized Users: Definition and limitations of authorized users
8. Appendix B - Acceptance Testing: Testing procedures and acceptance criteria
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