This On Premise Software License Agreement is designed for use in situations where a software provider licenses their software product to a customer for installation and use on the customer's own servers or infrastructure within Switzerland or under Swiss jurisdiction. The agreement comprehensively covers all aspects of the software licensing relationship, including detailed terms for software usage, technical specifications, implementation requirements, intellectual property rights, warranties, and liability provisions. It ensures compliance with Swiss legal requirements, including the Swiss Code of Obligations, Federal Act on Data Protection, and Swiss Copyright Act. This document is particularly crucial for enterprise software deployments where the customer requires direct control over their software environment and data storage locations.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and general purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope, nature, and limitations of the software license
5. Delivery and Installation: Terms for software delivery, installation process, and acceptance criteria
6. License Restrictions: Specific restrictions on use, copying, modification, and distribution
7. Intellectual Property Rights: Ownership of IP and protection of rights
8. Fees and Payment: License fees, payment terms, and conditions
9. Warranties and Disclaimers: Software warranties, performance guarantees, and limitations
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal, and termination conditions
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Maintenance and Support: Terms for ongoing maintenance and technical support, if provided
2. Professional Services: Terms for implementation, training, or consulting services if included
3. Data Protection: Specific provisions for handling personal data under Swiss FADP
4. Third-Party Components: Terms relating to third-party software components or dependencies
5. Source Code Escrow: Provisions for source code escrow if agreed
6. Export Control: Compliance with export control laws if software is subject to export restrictions
7. Service Levels: Performance standards and metrics if specific service levels are guaranteed
8. Disaster Recovery: Business continuity and disaster recovery provisions if critical to the customer
1. Software Description: Detailed description of the licensed software, including versions and components
2. Technical Requirements: Hardware, software, and network requirements for the system
3. License Metrics: Detailed description of license metrics and usage limitations
4. Fee Schedule: Detailed breakdown of all fees and payment terms
5. Support Service Levels: Detailed support terms, response times, and escalation procedures
6. Acceptance Testing: Acceptance testing procedures and criteria
7. Information Security Requirements: Security standards and requirements for software operation
Relevant legal definitions
Acceptance
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Intellectual Property Rights
License Key
License Metrics
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
On-Premise
Operating Environment
Patch
Permitted Purpose
Personal Data
Professional Services
Security Breach
Service Levels
Software Modifications
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Documentation
Virus
Warranty Period
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Intellectual Property Rights
License Key
License Metrics
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
On-Premise
Operating Environment
Patch
Permitted Purpose
Personal Data
Professional Services
Security Breach
Service Levels
Software Modifications
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Documentation
Virus
Warranty Period
Clauses
License Grant
License Restrictions
Intellectual Property
Delivery and Installation
Acceptance Testing
Usage Rights
Technical Requirements
Fees and Payment
Warranties
Support and Maintenance
Service Levels
Confidentiality
Data Protection
Security Requirements
Audit Rights
Performance Obligations
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term and Termination
Exit Management
Assignment
Subcontracting
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Force Majeure
Export Control
Anti-Corruption
Competition Law
License Restrictions
Intellectual Property
Delivery and Installation
Acceptance Testing
Usage Rights
Technical Requirements
Fees and Payment
Warranties
Support and Maintenance
Service Levels
Confidentiality
Data Protection
Security Requirements
Audit Rights
Performance Obligations
Change Control
Force Majeure
Liability
Indemnification
Insurance
Term and Termination
Exit Management
Assignment
Subcontracting
Notice
Dispute Resolution
Governing Law
Entire Agreement
Severability
Force Majeure
Export Control
Anti-Corruption
Competition Law
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Insurance
Banking
Pharmaceuticals
Education
Government
Automotive
Energy
Construction
Relevant Teams
Legal
Information Technology
Procurement
Finance
Information Security
Risk Management
Compliance
Operations
Enterprise Architecture
Relevant Roles
Chief Information Officer
IT Director
Chief Technology Officer
Procurement Manager
Legal Counsel
Contract Manager
Software Licensing Manager
IT Security Manager
Chief Financial Officer
Enterprise Architect
IT Operations Manager
Risk Manager
Compliance Officer
Technology Procurement Specialist
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