This Software License agreement template is designed for use under Swiss law when granting rights to use proprietary software products. It is suitable for both domestic Swiss transactions and international licensing arrangements where Swiss law is chosen as the governing law. The agreement covers essential elements required under Swiss contract law and intellectual property regulations, including detailed provisions for license scope, usage restrictions, maintenance and support, warranties, and liability limitations. This template is particularly valuable for software providers looking to license their products to Swiss entities or international customers while maintaining compliance with Swiss legal requirements. The document can be customized based on the type of software, licensing model (perpetual, subscription, etc.), and specific business requirements while ensuring adherence to mandatory Swiss legal provisions.
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Key Requirements PROMPT example:
Software License
"I need a Software License agreement under Swiss law for enterprise-level database software that will be distributed to financial institutions across Europe, with specific provisions for data protection and source code escrow."
1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of license, usage rights, and restrictions
5. License Fees: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Ownership of IP and protection of rights
7. Delivery and Implementation: Terms for software delivery, installation, and acceptance
8. Maintenance and Support: Terms for ongoing maintenance and technical support
9. Warranties: Warranties provided for the software and disclaimer of warranties
10. Liability and Indemnification: Limitation of liability and indemnification obligations
11. Term and Termination: Duration of license and termination conditions
12. Confidentiality: Protection of confidential information
13. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Data Protection: Required if the software processes personal data, detailing compliance with Swiss Data Protection Act
2. Third-Party Software: Required if the software includes third-party components, detailing associated terms
3. Source Code Escrow: Optional section for enterprise software where source code access might be required
4. Service Level Agreement: Required for software with specific performance requirements or uptime guarantees
5. Export Control: Required if software is subject to export restrictions
6. Assignment and Sublicensing: Optional section detailing if and how license rights can be transferred
7. Audit Rights: Optional section for enterprise licenses requiring usage auditing
8. Training and Documentation: Required for complex software requiring user training
1. Schedule A - Software Description: Detailed technical specification of the licensed software
2. Schedule B - License Fees: Detailed breakdown of license fees and payment terms
3. Schedule C - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule D - Support Services: Detailed description of maintenance and support services
5. Schedule E - Service Level Agreement: Detailed performance metrics and service levels
6. Appendix 1 - Authorized Users: List of authorized users or user categories if applicable
7. Appendix 2 - Acceptable Use Policy: Detailed rules for acceptable use of the software
8. Appendix 3 - Data Processing Agreement: Required if personal data processing is involved
Authors
Relevant legal definitions
Acceptance
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Operating Environment
Patch
Personal Data
Processing
Professional Services
Renewal Term
Service Level Agreement
Software Modifications
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Account
User Documentation
Virus
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Operating Environment
Patch
Personal Data
Processing
Professional Services
Renewal Term
Service Level Agreement
Software Modifications
Source Code
Specifications
Support Services
System Requirements
Technical Requirements
Term
Territory
Third-Party Software
Updates
Upgrades
User Account
User Documentation
Virus
Clauses
License Grant
Usage Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Acceptance Testing
Maintenance and Support
Service Levels
Warranties
Liability Limitation
Indemnification
Term and Termination
Confidentiality
Data Protection
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Documentation
Training
Technical Requirements
Performance Standards
User Access
Security Requirements
Dispute Resolution
Governing Law
Insurance
Competition Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
Usage Restrictions
Intellectual Property Rights
Payment Terms
Delivery and Installation
Acceptance Testing
Maintenance and Support
Service Levels
Warranties
Liability Limitation
Indemnification
Term and Termination
Confidentiality
Data Protection
Force Majeure
Assignment
Audit Rights
Export Control
Source Code Escrow
Documentation
Training
Technical Requirements
Performance Standards
User Access
Security Requirements
Dispute Resolution
Governing Law
Insurance
Competition Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Government
Media and Entertainment
Transportation
Energy and Utilities
Construction
Biotechnology
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Sales
Product Development
Risk Management
Commercial Operations
Vendor Management
Software Asset Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Licensing Manager
Procurement Manager
IT Director
Commercial Director
Contract Manager
Software Asset Manager
Chief Information Officer
Compliance Officer
Chief Legal Officer
Business Development Manager
Sales Director
Product Manager
Risk Manager
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