The Non-Standard EULA is designed for software providers requiring more comprehensive and customized licensing terms than those found in standard EULAs, specifically tailored for the Malaysian market. This document becomes necessary when dealing with complex software deployments, enterprise-level implementations, or situations requiring specific customization of usage rights and obligations. It incorporates requirements from Malaysian legislation, including the Contracts Act 1950, Consumer Protection Act 1999, and Personal Data Protection Act 2010, while addressing unique aspects of software licensing such as custom modifications, integration requirements, and specific usage restrictions. The agreement is particularly relevant for enterprise software solutions, mission-critical applications, or situations where standard EULA terms are insufficient to address the complexity of the licensing arrangement.
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Key Requirements PROMPT example:
Non Standard EULA
"I need a Non-Standard EULA for enterprise-level accounting software that will be distributed to Malaysian financial institutions starting March 2025, with specific provisions for data privacy compliance and custom integration capabilities with existing banking systems."
1. Parties: Identification of the licensor (software provider) and licensee (end user), including full legal names and addresses
2. Background: Context of the agreement, nature of the software, and purpose of the license
3. Definitions: Detailed definitions of technical terms, software components, and key concepts used throughout the agreement
4. Grant of License: Scope of the license, usage rights, and any territorial or user number restrictions
5. License Fees and Payment: Details of license fees, payment terms, and any recurring charges
6. User Obligations: Licensee's responsibilities, acceptable use policies, and compliance requirements
7. Intellectual Property Rights: Declaration of IP ownership, protection measures, and handling of derivative works
8. Confidentiality: Protection of proprietary information, trade secrets, and user data
9. Data Protection and Privacy: Compliance with PDPA 2010, data handling procedures, and privacy policies
10. Warranties and Disclaimers: Software performance warranties, disclaimer of implied warranties, and limitation of liability
11. Support and Maintenance: Terms for technical support, updates, and maintenance services
12. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
13. Consequences of Termination: Post-termination obligations, data handling, and software removal requirements
14. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Third-Party Integration: Use when software interfaces with third-party applications or services, defining integration terms and responsibilities
2. Service Level Agreement: Include for software requiring specific performance metrics, uptime guarantees, or response times
3. Custom Development: Add when the agreement covers custom modifications or development work
4. Export Control: Include for software subject to international distribution restrictions
5. Disaster Recovery: Add for critical software requiring specific backup and recovery procedures
6. Security Requirements: Include for software handling sensitive data or requiring specific security protocols
7. Training and Documentation: Add when comprehensive training or documentation is part of the license
8. Audit Rights: Include when licensor requires rights to audit licensee's use of the software
1. Schedule 1 - Software Description: Detailed technical specifications, components, and functionality of the licensed software
2. Schedule 2 - License Fees: Breakdown of all fees, payment schedules, and pricing terms
3. Schedule 3 - Service Levels: Detailed performance metrics, support levels, and response times
4. Schedule 4 - Technical Requirements: Minimum system requirements and technical specifications for software operation
5. Schedule 5 - Support Services: Detailed description of support and maintenance services provided
6. Appendix A - Acceptable Use Policy: Detailed guidelines for acceptable use of the software
7. Appendix B - Data Processing Terms: Specific terms for handling personal and sensitive data in compliance with PDPA 2010
8. Appendix C - Security Protocols: Detailed security requirements and procedures for software use and data protection
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Manufacturing
Education
Telecommunications
Professional Services
Government and Public Sector
Retail
Media and Entertainment
Banking
Insurance
Logistics and Supply Chain
Relevant Teams
Legal
Information Technology
Compliance
Procurement
Software Development
Product Management
Risk Management
Information Security
Operations
Business Development
Vendor Management
Technical Support
Contract Administration
Relevant Roles
Legal Counsel
Software Licensing Manager
Compliance Officer
IT Director
Chief Technology Officer
Procurement Manager
Contract Manager
Software Development Manager
Chief Information Officer
Legal Operations Manager
Risk Management Officer
Information Security Manager
Product Manager
Business Development Manager
Technology Consultant
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