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Permanent Software License Template for Switzerland

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Key Requirements PROMPT example:

Permanent Software License

"I need a Permanent Software License agreement for licensing our accounting software to a Swiss manufacturing company, with basic usage rights for 50 users and standard maintenance terms, to be implemented by March 2025."

Document background
This Permanent Software License Agreement template is designed for use under Swiss law when establishing long-term software licensing arrangements. It is particularly suitable for situations where a software provider wishes to grant perpetual usage rights to their software while maintaining appropriate protections and compliance with Swiss legal requirements. The agreement incorporates essential elements required under the Swiss Code of Obligations and addresses specific considerations for software licensing under Swiss law. It should be used when implementing permanent software licensing arrangements, rather than subscription-based or temporary licensing models. The document includes comprehensive provisions for intellectual property protection, usage rights, technical requirements, and warranty terms, while ensuring alignment with Swiss data protection regulations and commercial law principles.
Suggested Sections

1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the software, and purpose of the license

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. License Grant: Scope of the license, including usage rights, restrictions, and perpetual nature of the license

5. License Fees: Payment terms, including initial license fee and any recurring charges

6. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of derivative works

7. Licensee Obligations: Requirements for software use, security measures, and usage restrictions

8. Technical Requirements: Minimum system requirements and technical specifications for software operation

9. Warranties: Software performance warranties and disclaimers as permitted under Swiss law

10. Liability and Indemnification: Limitation of liability provisions and indemnification obligations

11. Term and Termination: Duration of the agreement and grounds for termination despite perpetual nature

12. Confidentiality: Protection of confidential information and trade secrets

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Data Protection: Required if the software processes personal data, addressing compliance with Swiss data protection laws

2. Source Code Escrow: Optional provisions for source code escrow arrangements for business-critical software

3. Maintenance and Support: Optional section if ongoing maintenance and support services are provided

4. Training: Include if the license includes training services for licensee's personnel

5. Implementation Services: Required if the licensor provides installation and implementation services

6. Export Control: Include if the software is subject to export control regulations

7. Third-Party Software: Required if the software incorporates third-party components

8. Audit Rights: Optional provisions allowing licensor to audit licensee's compliance

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software

2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms

3. Schedule 3 - Technical Requirements: Detailed system requirements and technical specifications

4. Schedule 4 - Documentation: List of all user manuals and technical documentation provided

5. Schedule 5 - Support Services: Details of any support services, including service levels and response times

6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software usage

7. Appendix B - Data Processing Terms: Detailed data protection and processing terms if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Professional Services

Education

Insurance

Banking

Pharmaceutical

Automotive

Energy

Media and Entertainment

Public Sector

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Software Development

Vendor Management

Information Security

Commercial Operations

Risk Management

Product Management

Relevant Roles

Chief Technology Officer

Legal Counsel

Procurement Manager

IT Director

Software Licensing Manager

Contracts Manager

Chief Information Officer

Intellectual Property Lawyer

Commercial Director

Technology Procurement Specialist

Vendor Management Officer

IT Asset Manager

Chief Legal Officer

Business Development Manager

Information Security Officer

Industries






Teams

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