This Floating Software License agreement is designed for use in situations where organizations need to implement network-based software licensing under Swiss jurisdiction. It's particularly relevant when software needs to be shared among multiple users through a central license server, with concurrent usage limitations. The document addresses key aspects required under Swiss law, including data protection, intellectual property rights, and contractual obligations. It provides comprehensive coverage of technical requirements, usage monitoring, and compliance measures while incorporating specific Swiss legal requirements for software licensing and distribution. The agreement is structured to protect both the software provider's intellectual property rights and the licensee's usage rights while ensuring clear guidelines for license server management and user access control.
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1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details
2. Background: Context of the agreement, nature of the software, and purpose of the floating license
3. Definitions: Defined terms including 'Concurrent Users', 'License Server', 'Network', 'Authorized Users', and other technical terms
4. License Grant: Scope of license, concurrent user limits, network requirements, and usage restrictions
5. Technical Requirements: Server specifications, network requirements, and deployment conditions
6. License Server Management: Requirements for license server setup, maintenance, and monitoring
7. Usage Monitoring and Reporting: Methods for tracking concurrent usage, reporting requirements, and audit rights
8. Fees and Payment: License fees, payment terms, and any usage-based pricing mechanisms
9. Intellectual Property Rights: Ownership of software, protection of IP rights, and restrictions on use
10. Warranties and Representations: Software performance warranties, compliance with laws, and service levels
11. Support and Maintenance: Technical support scope, maintenance services, and response times
12. Term and Termination: Duration, renewal terms, and termination conditions
13. Data Protection and Security: Compliance with Swiss data protection laws, security requirements, and data handling
14. General Provisions: Standard clauses including governing law, jurisdiction, assignment, and entire agreement
1. Disaster Recovery: Procedures for backup licensing servers and emergency access - include when business continuity is critical
2. Geographic Restrictions: Territory limitations for software usage - include when licenses are geographically restricted
3. Third-Party Software: Rights and obligations regarding incorporated third-party software - include when relevant
4. Professional Services: Additional implementation or customization services - include when professional services are offered
5. Export Control: Export compliance requirements - include for international deployments
6. Source Code Escrow: Source code deposit and release conditions - include when requested by enterprise clients
7. Service Level Agreement: Detailed performance metrics and remedies - include for mission-critical applications
1. Schedule A - Software Description: Detailed description of software, modules, and functionality
2. Schedule B - Technical Specifications: Server requirements, network specifications, and deployment parameters
3. Schedule C - License Metrics: Definition of concurrent user calculation and usage measurement methods
4. Schedule D - Support Services: Detailed support and maintenance terms, including service levels
5. Schedule E - Fee Schedule: Detailed pricing, payment terms, and usage-based fee calculations
6. Appendix 1 - Authorized Locations: List of approved locations for license server deployment
7. Appendix 2 - Technical Contacts: List of technical contacts for both parties
Relevant legal definitions
Agreement
Authorized Users
Concurrent Users
Documentation
Effective Date
Floating License
Implementation Services
Installation Site
License Fees
License Key
License Server
Licensed Software
Maintenance Services
Network
Normal Business Hours
Operating Environment
Professional Services
Remote Access
Service Level Agreement
Software Updates
Source Code
Support Services
System Administrator
Technical Requirements
Territory
Third-Party Software
Usage Data
Usage Metrics
User Authentication
License Pool
Access Controls
Backup Server
Business Day
Confidential Information
Data Protection Laws
Disaster Recovery
Error
Force Majeure
Intellectual Property Rights
License Term
Maintenance Release
Major Release
Minor Release
Network Protocol
Server Location
Service Hours
Software Module
Support Request
System Requirements
Technical Contact
User License
Version
Working Hours
Authorized Users
Concurrent Users
Documentation
Effective Date
Floating License
Implementation Services
Installation Site
License Fees
License Key
License Server
Licensed Software
Maintenance Services
Network
Normal Business Hours
Operating Environment
Professional Services
Remote Access
Service Level Agreement
Software Updates
Source Code
Support Services
System Administrator
Technical Requirements
Territory
Third-Party Software
Usage Data
Usage Metrics
User Authentication
License Pool
Access Controls
Backup Server
Business Day
Confidential Information
Data Protection Laws
Disaster Recovery
Error
Force Majeure
Intellectual Property Rights
License Term
Maintenance Release
Major Release
Minor Release
Network Protocol
Server Location
Service Hours
Software Module
Support Request
System Requirements
Technical Contact
User License
Version
Working Hours
Clauses
License Grant
Concurrent Usage
Technical Requirements
Server Configuration
Network Access
Usage Monitoring
Payment Terms
Intellectual Property
Data Protection
Confidentiality
Warranties
Liability
Indemnification
Support and Maintenance
Service Levels
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Export Control
Security Requirements
Software Updates
User Authentication
Geographic Restrictions
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Non-Solicitation
Insurance
Third-Party Rights
Disaster Recovery
Concurrent Usage
Technical Requirements
Server Configuration
Network Access
Usage Monitoring
Payment Terms
Intellectual Property
Data Protection
Confidentiality
Warranties
Liability
Indemnification
Support and Maintenance
Service Levels
Term and Termination
Force Majeure
Assignment
Audit Rights
Compliance
Export Control
Security Requirements
Software Updates
User Authentication
Geographic Restrictions
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Non-Solicitation
Insurance
Third-Party Rights
Disaster Recovery
Relevant Industries
Information Technology
Engineering & Design
Financial Services
Manufacturing
Healthcare
Education
Professional Services
Research & Development
Telecommunications
Construction
Pharmaceutical
Automotive
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Asset Management
Network Operations
Information Security
Technical Operations
Contract Management
Risk Management
Relevant Roles
Chief Technology Officer
IT Director
Software Licensing Manager
Legal Counsel
Procurement Manager
Network Administrator
System Administrator
Software Asset Manager
Compliance Officer
Contract Manager
Information Security Officer
Technical Operations Manager
Enterprise Architect
Software Development Manager
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