The Reseller Software License agreement is essential for software companies looking to expand their distribution network in Malaysia through authorized resellers. This document is typically used when a software owner wants to grant specific rights to third parties to market and sell their software products while maintaining control over their intellectual property and ensuring compliance with Malaysian regulations. The agreement includes crucial elements such as licensing terms, territory definitions, pricing structures, support obligations, and compliance requirements. It addresses key considerations under Malaysian law, including the Contracts Act 1950, Copyright Act 1987, and Personal Data Protection Act 2010, while establishing clear guidelines for the reseller's operations and protecting both parties' interests in the distribution relationship.
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1. Parties: Identification and details of the software owner/licensor and the reseller
2. Background: Context of the agreement, brief description of the software and purpose of the reseller arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment and designated territory for operations
5. License Grant: Terms of the license granted to the reseller, including rights to distribute and sublicense
6. Intellectual Property Rights: Protection and ownership of IP rights in the software
7. Reseller Obligations: Key responsibilities and commitments of the reseller
8. Licensor Obligations: Support, updates, and other commitments from the software owner
9. Commercial Terms: Pricing, payment terms, and commission structure
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Indemnities: Guarantees, limitations of liability, and indemnification provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Marketing and Promotion: Specific requirements for marketing the software, used when the agreement includes detailed marketing obligations
2. Training Requirements: Requirements for reseller training and certification, included when specific technical expertise is required
3. Service Level Agreement: Detailed support requirements and response times, used when the reseller provides technical support
4. Data Protection: Specific provisions for handling personal data, required when dealing with end-user data
5. Non-Competition: Restrictions on selling competing products, included when exclusivity is important
6. Insurance: Specific insurance requirements, included for high-value or high-risk software
7. Audit Rights: Right to audit reseller's compliance, included for complex revenue sharing arrangements
8. White Labeling: Terms for rebranding the software, included when white labeling is permitted
1. Schedule 1: Software Description: Detailed description of the licensed software and its features
2. Schedule 2: Territory Definition: Detailed description of the authorized territory and any excluded areas
3. Schedule 3: Price List: Current pricing structure and commission rates
4. Schedule 4: Service Level Requirements: Detailed support and maintenance requirements
5. Schedule 5: Marketing Guidelines: Approved marketing practices and brand usage guidelines
6. Schedule 6: Technical Requirements: Minimum technical specifications and requirements
7. Appendix A: End User License Agreement: Standard EULA to be used with end customers
8. Appendix B: Support Procedures: Procedures for handling technical support and escalations
Find the exact document you need
Software License Reseller Agreement
A Malaysian law-governed agreement establishing terms for software distribution through authorized resellers, including licensing, commercial terms, and compliance requirements.
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Reseller Software License
A Malaysian law-governed agreement establishing terms for software resale and distribution rights between a software owner and reseller.
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