This Non-Commercial Use License is designed for situations where intellectual property owners wish to share their content, software, or other materials while restricting usage to non-commercial purposes under Malaysian law. The document is particularly relevant for academic institutions, research organizations, and content creators who want to make their work available for educational or research purposes while maintaining control over commercial exploitation. It includes specific provisions required by Malaysian legislation, including the Copyright Act 1987 and Contracts Act 1950, and addresses key aspects such as usage restrictions, attribution requirements, and termination rights. The license is structured to be clear and enforceable under Malaysian jurisdiction while being accessible to both technical and non-technical users.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, nature of the licensed material, and purpose of the non-commercial license
3. Definitions: Definitions of key terms used in the agreement, including 'Licensed Material', 'Non-Commercial Use', and other relevant terms
4. Grant of License: Explicit grant of non-commercial use rights, including scope and territory
5. Restrictions on Use: Clear specification of prohibited commercial uses and other restrictions
6. Licensee Obligations: Specific obligations of the licensee regarding use of the licensed material
7. Intellectual Property Rights: Confirmation of ownership and reservation of rights
8. Term and Termination: Duration of the license and circumstances for termination
9. Warranties and Disclaimers: Limited warranties provided by licensor and appropriate disclaimers
10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Attribution Requirements: Required when the licensed material needs specific attribution or credit
2. Technical Requirements: Include when the licensed material has specific technical requirements or compatibility needs
3. Privacy and Data Protection: Required when the licensed material involves collection or processing of personal data
4. Export Control: Include when the licensed material may be subject to export control regulations
5. Modification Rights: Include when allowing or restricting modifications to the licensed material
6. Support and Updates: Include when specifying any support or update provisions, even if to explicitly exclude them
1. Schedule 1 - Licensed Material: Detailed description of the licensed material, including version numbers if applicable
2. Schedule 2 - Acceptable Use Policy: Detailed guidelines for acceptable non-commercial use
3. Schedule 3 - Technical Specifications: Technical details and requirements for using the licensed material
4. Appendix A - Attribution Requirements: Specific format and requirements for attribution if required
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