This Third Party Software License Agreement is designed for use when a company needs to license software from a third-party provider in Switzerland. The document is structured according to Swiss law, particularly the Swiss Code of Obligations (OR) and relevant intellectual property legislation. It provides a comprehensive framework for software licensing relationships, covering essential aspects such as license grants, usage restrictions, maintenance terms, and compliance requirements. The agreement is particularly important in today's digital business environment where software licensing is crucial for operations across various industries. It includes specific provisions for data protection under Swiss law, addresses technical support and maintenance obligations, and provides clear guidelines for both licensor and licensee responsibilities. This type of agreement is fundamental for protecting both parties' interests while ensuring clear terms for software deployment and use.
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1. Parties: Identification of the 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 the license, including usage rights, restrictions, and territory
5. License Fees and Payment: Payment terms, fee structure, and payment schedule
6. Intellectual Property Rights: Ownership of IP rights and protection measures
7. Confidentiality: Protection of confidential information and trade secrets
8. Warranties: Software warranties and performance guarantees
9. Support and Maintenance: Terms for technical support and software updates
10. Term and Termination: Duration of agreement and termination conditions
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Data Protection: Required when software processes personal data, addressing FADP compliance
2. Source Code Escrow: Optional protection for licensee through source code deposit
3. Service Level Agreement: For software provided as a service (SaaS)
4. Audit Rights: Right to audit licensee's compliance with license terms
5. Export Control: Required for software subject to export restrictions
6. Third Party Components: When software includes third-party components or open source
7. Professional Services: If implementation or customization services are included
8. User Restrictions: Detailed usage restrictions for specific user types
1. Schedule 1 - Licensed Software: Detailed description of licensed software and components
2. Schedule 2 - Technical Requirements: Hardware and software requirements for operation
3. Schedule 3 - Support Services: Detailed support and maintenance terms
4. Schedule 4 - Service Levels: Performance metrics and service level commitments
5. Schedule 5 - Fee Schedule: Detailed breakdown of license and maintenance fees
6. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software
7. Appendix B - Data Processing Terms: Detailed data protection and processing requirements
8. Appendix C - Security Requirements: Security standards and requirements for software use
Relevant legal definitions
Acceptance Tests
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Open Source Software
Personal Data
Processing
Service Level Agreement
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Components
Updates
Upgrades
User Access Levels
Use Case
Virus
Workaround
Affiliate
Authorized Users
Business Day
Confidential Information
Documentation
Effective Date
Error
Fees
Force Majeure
Intellectual Property Rights
License Key
Licensed Software
Maintenance Services
Major Release
Minor Release
Normal Business Hours
Open Source Software
Personal Data
Processing
Service Level Agreement
Source Code
Specifications
Support Services
System Requirements
Term
Territory
Third Party Components
Updates
Upgrades
User Access Levels
Use Case
Virus
Workaround
Clauses
License Grant
Intellectual Property
Payment
Confidentiality
Warranties
Limitation of Liability
Indemnification
Term and Termination
Technical Support
Maintenance
Data Protection
Audit Rights
Force Majeure
Assignment
Governing Law
Dispute Resolution
Integration
Severability
Notice
Non-Solicitation
Export Control
Service Levels
Security
Acceptance Testing
Usage Restrictions
Reporting
Insurance
Escrow
Third Party Rights
Amendment
Intellectual Property
Payment
Confidentiality
Warranties
Limitation of Liability
Indemnification
Term and Termination
Technical Support
Maintenance
Data Protection
Audit Rights
Force Majeure
Assignment
Governing Law
Dispute Resolution
Integration
Severability
Notice
Non-Solicitation
Export Control
Service Levels
Security
Acceptance Testing
Usage Restrictions
Reporting
Insurance
Escrow
Third Party Rights
Amendment
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Insurance
Government
Pharmaceuticals
Energy
Transportation
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Finance
Compliance
Risk Management
Information Security
Vendor Management
Operations
Digital Transformation
Relevant Roles
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Asset Manager
Chief Technology Officer
Information Security Officer
Contract Manager
Vendor Relations Manager
Chief Financial Officer
IT Operations Manager
Risk Management Officer
Compliance Officer
Digital Transformation Manager
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