The Software Evaluation License Agreement is essential when organizations need to assess software capabilities before committing to a purchase. This agreement, governed by Malaysian law, provides a structured framework for temporary software access while protecting the intellectual property rights of the software provider. It is commonly used when companies need to validate software functionality, compatibility with existing systems, or performance metrics. The document includes specific provisions for evaluation duration, authorized users, usage restrictions, and confidentiality requirements. It ensures compliance with Malaysian legal requirements, including the Copyright Act 1987 and Personal Data Protection Act 2010, while managing potential risks and liabilities during the evaluation period. This agreement is particularly crucial in technical due diligence processes and procurement decisions.
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1. Parties: Identifies the licensor (software owner) and licensee (evaluator), including full legal names and registered addresses
2. Background: Explains the context of the agreement - that the licensor owns the software and licensee wishes to evaluate it for potential future use
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'Evaluation Period', 'Authorized Users', 'Evaluation Purpose'
4. License Grant: Specifies the limited, non-exclusive, non-transferable license granted for evaluation purposes only
5. Evaluation Period: Defines the duration of the evaluation period and any potential extension mechanisms
6. Use Restrictions: Specifies prohibited activities such as reverse engineering, copying, or commercial use
7. Intellectual Property Rights: Confirms the licensor's ownership of all IP rights and protects against infringement
8. Confidentiality: Protects confidential information disclosed during the evaluation process
9. No Warranty: Disclaims all warranties for evaluation software and states it is provided 'as is'
10. Limitation of Liability: Limits licensor's liability during the evaluation period
11. Termination: Outlines circumstances for termination and post-termination obligations
12. General Provisions: Includes standard boilerplate clauses like governing law, notices, and entire agreement
1. Feedback and Reporting: Required when licensor wants formal feedback on software performance or specific evaluation metrics
2. Support Services: Include when technical support or training will be provided during evaluation
3. Multiple Users: Required when multiple users within licensee's organization will be evaluating the software
4. Data Protection: Include when software processing involves personal data or when compliance with PDPA is required
5. Export Control: Required for software subject to export control regulations
6. Maintenance and Updates: Include if software updates or maintenance will be provided during evaluation
7. Benchmark Testing: Include when specific performance testing is allowed or prohibited
8. Third Party Software: Required when software includes third-party components
1. Schedule 1 - Software Description: Detailed description of the software, including version number and components covered
2. Schedule 2 - Technical Requirements: Minimum system requirements and technical specifications for software evaluation
3. Schedule 3 - Evaluation Parameters: Specific metrics, test cases, or evaluation criteria to be assessed
4. Schedule 4 - Authorized Users: List of authorized users and their access levels (if applicable)
5. Schedule 5 - Support Services: Details of any technical support or training provided during evaluation
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use during evaluation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Education
Telecommunications
Professional Services
E-commerce
Government and Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Information Security
Software Development
Operations
Risk Management
Technical Support
Project Management
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
System Administrator
Information Security Officer
Technical Project Manager
Solutions Architect
Compliance Officer
Contract Manager
Software Engineer
IT Operations Manager
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