The Freeware License Agreement serves as a crucial legal framework for software developers and companies offering their software products free of charge in Malaysia. This document is essential when distributing software without monetary compensation while retaining intellectual property rights and limiting potential liabilities. It addresses key aspects such as usage rights, restrictions, warranties, and termination conditions, all within the context of Malaysian legislation including the Copyright Act 1987, Consumer Protection Act 1999, and relevant digital laws. The agreement helps protect developers while providing users with clear terms of use, making it particularly important for open-source projects, educational tools, and promotional software offerings.
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1. Parties: Identifies the licensor (software developer/owner) and licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Software', 'License', 'User', etc.
4. Grant of License: Specifies the nature and scope of the license granted to use the software
5. License Restrictions: Details what users cannot do with the software (e.g., modify, reverse engineer, redistribute)
6. Intellectual Property Rights: Confirms the developer's ownership of the software and related IP
7. Term and Termination: Duration of the license and conditions for termination
8. Disclaimer of Warranties: Clearly states that the software is provided 'as is' without warranties
9. Limitation of Liability: Limits the developer's liability for any damages arising from software use
10. General Provisions: Standard legal clauses including governing law, entire agreement, and severability
1. Data Collection and Privacy: Required if the software collects or processes user data
2. Third-Party Components: Needed if the software incorporates third-party libraries or components
3. Export Controls: Include if the software may be subject to international distribution restrictions
4. Updates and Support: Optional section defining if/how updates will be provided and any support terms
5. User Feedback: Terms regarding user suggestions and feedback ownership
6. Academic or Non-Commercial Use: Special terms for academic or non-commercial usage scenarios
1. Schedule 1 - Software Description: Technical specifications, features, and functionality of the software
2. Schedule 2 - System Requirements: Minimum system requirements and compatible operating systems
3. Schedule 3 - Third-Party Licenses: List of third-party software licenses and attributions if applicable
4. Schedule 4 - Privacy Policy: Detailed privacy policy if the software collects user data
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