The Software Partnership Agreement is essential for businesses entering into collaborative software ventures in Malaysia. It is typically used when two or more parties wish to combine their technical expertise, resources, or market presence for software development, distribution, or technology services. The document covers crucial elements such as IP rights, technical specifications, revenue sharing, and operational responsibilities, while ensuring compliance with Malaysian legislation including the Contracts Act 1950, Partnership Act 1961, and technology-related regulations. This agreement is particularly relevant for technology companies, software developers, and IT service providers looking to formalize their collaboration while protecting their respective interests and establishing clear guidelines for the partnership.
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1. Parties: Identification and details of the partnering entities
2. Background: Context of the partnership and brief description of each party's business
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Partnership Structure: Legal form of partnership, ownership stakes, and governance structure
5. Scope of Partnership: Detailed description of the collaboration scope and objectives
6. Roles and Responsibilities: Specific duties and obligations of each partner
7. Intellectual Property Rights: Ownership and licensing of existing and newly created IP
8. Financial Terms: Revenue sharing, costs, expenses, and financial obligations
9. Technical Contributions: Software development responsibilities and technical commitments
10. Quality Standards: Development, testing, and maintenance standards
11. Confidentiality: Protection of trade secrets and confidential information
12. Term and Termination: Duration, renewal, and termination conditions
13. Dispute Resolution: Process for resolving disagreements between partners
14. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Data Protection: Specific provisions for handling personal data when the software processes user information
2. Third-Party Integration: Terms for incorporating third-party software or services
3. International Operations: Additional provisions for cross-border operations and compliance
4. Source Code Escrow: Terms for source code protection and access in specific circumstances
5. Service Level Agreement: Specific performance metrics and standards when the partnership includes service delivery
6. Marketing and Branding: Terms for joint marketing activities and brand usage
7. Non-Competition: Restrictions on competing activities during and after the partnership
8. Insurance: Requirements for professional liability and other insurance coverage
1. Schedule 1: Technical Specifications: Detailed technical requirements and specifications of the software
2. Schedule 2: Development Milestones: Timeline and deliverables for software development
3. Schedule 3: Financial Terms: Detailed breakdown of revenue sharing, costs, and payment terms
4. Schedule 4: Service Levels: Specific performance metrics and service standards
5. Schedule 5: Support and Maintenance: Details of ongoing support and maintenance obligations
6. Schedule 6: Licensed IP: List of intellectual property being licensed between parties
7. Appendix A: Contact Details: Key contacts and escalation matrix for both parties
8. Appendix B: Technical Architecture: Detailed technical architecture and infrastructure specifications
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