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Floating Software License

Floating Software License Template for Switzerland

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Key Requirements PROMPT example:

Floating Software License

"I need a Floating Software License agreement under Swiss law for enterprise CAD software that allows up to 50 concurrent users across our European offices, with specific provisions for automatic usage monitoring and quarterly reporting requirements, to be implemented by March 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
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
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
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

Industries
Swiss Code of Obligations (Obligationenrecht): Primary source of Swiss contract law governing formation, performance, and termination of contracts (Articles 1-40 CO). Particularly relevant for general contractual terms, warranties, and liability provisions.
Swiss Copyright Act (Urheberrechtsgesetz): Protects software as intellectual property and governs usage rights, modifications, and distribution (Articles 2, 10, 19c URG). Essential for defining license scope and restrictions.
Swiss Federal Data Protection Act (DSG): Regulates the processing of personal data, relevant if the software collects, stores, or processes user data. Important for compliance requirements and data handling provisions.
Federal Act on Cartels and Other Restraints of Competition: Ensures license terms don't create unfair competition or market restrictions. Relevant for territory restrictions and usage limitations in floating licenses.
Telecommunications Act (FMG): Relevant for network-based floating licenses, particularly regarding technical requirements and network communications aspects.
Swiss Civil Code (Zivilgesetzbuch): Contains fundamental principles of Swiss law, including good faith requirements and personality rights that may affect license terms.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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