This Software License Agreement template is designed for use in Switzerland and complies with Swiss federal law requirements. It is particularly suitable for software companies, technology providers, and businesses seeking to license software products or solutions in the Swiss market. The agreement comprehensively addresses key aspects of software licensing, including intellectual property rights, usage terms, technical specifications, and support obligations. It incorporates necessary provisions to comply with the Swiss Code of Obligations, Swiss data protection laws, and relevant intellectual property regulations. This document should be used when establishing a formal licensing relationship for software products, whether for standard software packages or customized solutions, and can be adapted for both B2B and B2C contexts within the Swiss legal framework.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Defined terms used throughout the agreement, including technical terms
4. Grant of License: Scope of the license, including type (exclusive/non-exclusive), territory, and usage rights
5. License Fees: Payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Licensee Obligations: Key responsibilities and restrictions on use of the software
8. Term and Termination: Duration of agreement and circumstances for termination
9. Warranties: Warranties provided for the software, conforming to Swiss law requirements
10. Liability and Indemnification: Limitation of liability and indemnification provisions under Swiss law
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Swiss data protection laws and data handling requirements
13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Technical Support and Maintenance: Include when ongoing support and maintenance services are provided
2. Service Levels: Include when specific performance metrics or uptime guarantees are required
3. Source Code Escrow: Include when source code escrow arrangements are needed for security
4. Training and Implementation: Include when training or implementation services are part of the agreement
5. Audit Rights: Include when licensor requires right to audit licensee's use of software
6. Export Control: Include when software is subject to export control regulations
7. Third-Party Software: Include when the software incorporates third-party components
8. Disaster Recovery: Include when business continuity requirements are critical
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the software
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment structure
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Service Level Agreement: Detailed service levels and support terms if applicable
5. Schedule 5 - Data Processing Agreement: Detailed data processing terms if personal data is processed
6. Schedule 6 - Acceptable Use Policy: Detailed terms of acceptable use and restrictions
7. Appendix A - Contact Details: Key contacts for technical, administrative, and legal matters
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