This SaaS License Agreement template is designed for use under Swiss law when establishing a formal relationship between a software service provider and its customers. The document is essential for any business providing or procuring software services through cloud-based delivery models in or from Switzerland. It addresses critical aspects such as service access rights, data protection under Swiss FADP, service levels, support obligations, and intellectual property rights. The agreement is particularly relevant given Switzerland's strict data protection regulations and its position as a major technology hub. This template includes provisions specific to Swiss legal requirements while maintaining flexibility to accommodate various business models and service offerings. The SaaS License Agreement should be customized based on the specific service offering, industry requirements, and the particular needs of the contracting parties.
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1. Parties: Identification of the contracting parties - the SaaS provider and the customer
2. Background: Context of the agreement and brief description of the SaaS service
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the license, permitted uses, and access rights to the SaaS solution
5. Service Provision: Details of service delivery, access methods, and service availability
6. Customer Obligations: Customer's responsibilities, including acceptable use policies and access management
7. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
8. Data Protection and Security: Data handling, privacy obligations, and security measures in compliance with Swiss FADP
9. Intellectual Property Rights: IP ownership, protection, and related warranties
10. Confidentiality: Protection and handling of confidential information
11. Term and Termination: Duration, renewal, and termination provisions
12. Liability and Indemnification: Limitation of liability, warranties, and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances affecting service delivery
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and notice requirements
1. Professional Services: Include when additional implementation, training, or consulting services are provided
2. Service Level Agreement: Include when specific service levels and performance metrics are guaranteed
3. Disaster Recovery: Include when specific disaster recovery and business continuity provisions are required
4. Insurance: Include when specific insurance coverage requirements need to be specified
5. Third-Party Integration: Include when the service integrates with third-party applications or services
6. Export Control: Include when the service may be subject to international trade restrictions
7. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
1. Service Description: Detailed description of the SaaS service, features, and functionality
2. Service Level Agreement: Detailed service levels, performance metrics, and remedies
3. Support Services: Support levels, response times, and escalation procedures
4. Fee Schedule: Detailed pricing, payment terms, and calculation methods
5. Technical Requirements: Technical specifications and requirements for accessing the service
6. Data Processing Agreement: Detailed data processing terms compliant with Swiss FADP
7. Security Policy: Detailed security measures and protocols
8. Acceptable Use Policy: Detailed rules and restrictions for service usage
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