Master Software Agreement Template for Switzerland

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Key Requirements PROMPT example:

Master Software Agreement

I need a Master Software Agreement for a Swiss fintech company providing trading software to banks, with strong data protection provisions and specific uptime guarantees, planned to be effective from March 2025.

Document background

The Master Software Agreement is designed for use when establishing a long-term software licensing and services relationship between a software provider and a customer under Swiss law. This agreement provides a comprehensive framework that governs all aspects of the software relationship, including licensing, implementation, maintenance, and support services. It is particularly suited for complex software deployments where multiple software products or services may be licensed or provided over time. The agreement incorporates Swiss legal requirements, particularly regarding data protection (FADP compliance), contract formation under the Swiss Code of Obligations, and Swiss intellectual property law provisions. It typically serves as the primary agreement with specific products, services, and commercial terms detailed in schedules or order forms that incorporate these master terms by reference.

Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and general purpose of the contract

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

4. License Grant: Scope of software license, usage rights, and restrictions

5. Intellectual Property Rights: Ownership of IP, protection of rights, and any IP indemnifications

6. Fees and Payment: Payment terms, pricing structure, invoicing, and payment methods

7. Term and Termination: Duration of agreement, renewal terms, and termination rights

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: Compliance with Swiss data protection laws and data handling requirements

10. Warranties: Software performance warranties and disclaimer of warranties

11. Liability and Indemnification: Limitation of liability and indemnification obligations

12. Force Majeure: Events excusing performance and their consequences

13. Governing Law and Jurisdiction: Swiss law application and jurisdiction for dispute resolution

14. General Provisions: Standard boilerplate clauses including assignment, severability, and entire agreement

Optional Sections

1. Professional Services: Include when implementation, configuration, or customization services are provided

2. Service Level Agreement: Include when specific performance metrics and service levels are guaranteed

3. Source Code Escrow: Include when source code escrow arrangements are required for business continuity

4. Data Migration: Include when data migration services are part of the agreement

5. Training: Include when training services are provided

6. Disaster Recovery: Include when specific disaster recovery obligations are required

7. Export Control: Include when software is subject to export control regulations

8. Insurance: Include when specific insurance coverage requirements apply

Suggested Schedules

1. Schedule A - Software Description: Detailed description of licensed software, including versions and components

2. Schedule B - Technical Requirements: Hardware and software requirements for operating the software

3. Schedule C - Service Level Agreement: Detailed service levels, metrics, and remedies

4. Schedule D - Support and Maintenance: Support services scope, response times, and maintenance terms

5. Schedule E - Fee Schedule: Detailed pricing, payment terms, and fee calculations

6. Schedule F - Data Processing Agreement: Detailed data protection and processing terms compliant with Swiss law

7. Appendix 1 - Authorized Users: List of authorized users or user categories and access rights

8. Appendix 2 - Security Requirements: Security standards and requirements for software and services

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Professional Services

Energy

Transportation

Education

Government

Insurance

Pharmaceuticals

Media and Entertainment

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Information Security

Risk Management

Operations

Vendor Management

Software Development

Project Management

Relevant Roles

Chief Technology Officer

Chief Information Officer

Legal Counsel

IT Director

Procurement Manager

Software Licensing Manager

Contract Manager

Information Security Officer

Data Protection Officer

IT Project Manager

Commercial Director

Head of Legal

Chief Financial Officer

Technology Procurement Specialist

Vendor Management Officer

Find the exact document you need

EULA For Software

Swiss law-governed EULA establishing terms and conditions for software use, compliant with Swiss federal regulations and protecting both provider and user interests.

How a Sales & Marketing Lead uses Genie AI to reduce contract drafting time by 95%

Let's create your Master Software Agreement

Authors

Alex Denne

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