The Boilerplate Software License Agreement serves as a foundational legal framework for software licensing transactions under Swiss law. It is designed for use when a software provider needs to establish clear terms for licensing their software products to customers, whether they are businesses or individuals. This agreement incorporates essential provisions required by Swiss federal legislation, including compliance with the Swiss Code of Obligations, Federal Act on Copyright and Related Rights, and data protection regulations. The document addresses key aspects such as license scope, usage rights, intellectual property protection, payment terms, support obligations, and liability limitations. It is particularly suitable for standard software licensing arrangements where customization is minimal, and can be adapted for both on-premises software and cloud-based solutions while maintaining compliance with Swiss legal requirements.
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Key Requirements PROMPT example:
Boilerplate Software License Agreement
"I need a Boilerplate Software License Agreement under Swiss law for enterprise accounting software that includes annual maintenance services and allows for up to 500 concurrent users, with the agreement starting from March 1, 2025."
1. Parties: Identifies and provides full details of the licensor and licensee, including registered addresses and company details
2. Background: Explains the context of the agreement, including brief description of the software and purpose of the license
3. Definitions: Defines key terms used throughout the agreement, including 'Software', 'Documentation', 'Intellectual Property Rights', 'License Fee', etc.
4. Grant of License: Specifies the type, scope, and nature of the license being granted, including any territorial restrictions
5. License Fees and Payment: Details the payment terms, amounts, and payment schedule
6. Intellectual Property Rights: Confirms ownership of IP rights and protects licensor's intellectual property
7. Licensee Obligations: Sets out the licensee's responsibilities regarding software use, security, and access
8. Technical Support and Maintenance: Defines the scope of support services and maintenance provisions
9. Warranties and Representations: States the warranties provided and disclaimers in compliance with Swiss law
10. Limitation of Liability: Defines the extent and limitations of liability under Swiss law
11. Term and Termination: Specifies the duration of the agreement and termination conditions
12. Data Protection: Addresses compliance with Swiss data protection laws (FADP)
13. Confidentiality: Defines confidential information and obligations of both parties
14. General Provisions: Includes standard boilerplate clauses like governing law, jurisdiction, entire agreement, etc.
1. Third-Party Software: Include when the software incorporates third-party components, defining associated rights and obligations
2. Export Controls: Include for software subject to international export restrictions
3. Source Code Escrow: Include when source code escrow arrangements are required for business continuity
4. Professional Services: Include when additional implementation or customization services are provided
5. Service Level Agreement: Include for software provided as a service (SaaS) with specific performance requirements
6. Disaster Recovery: Include for business-critical software requiring specific recovery procedures
7. Insurance: Include when specific insurance coverage is required from either party
8. Audit Rights: Include when the licensor requires rights to audit licensee's use of the software
1. Schedule 1 - Software Description: Detailed technical specifications and description of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms, and calculation methods
3. Schedule 3 - Support and Maintenance Services: Detailed description of support levels, response times, and maintenance services
4. Schedule 4 - Service Level Agreement: Technical performance metrics, availability requirements, and remedies
5. Schedule 5 - Data Processing Agreement: Detailed terms for processing personal data in compliance with Swiss law
6. Appendix A - Authorized Users: Definition and list of authorized users or user categories
7. Appendix B - Technical Requirements: Minimum system requirements and technical specifications for software operation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government
Insurance
Pharmaceutical
Automotive
Energy
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Sales
Business Development
Software Development
Compliance
Risk Management
Commercial
Intellectual Property
Vendor Management
Contract Administration
Relevant Roles
Legal Counsel
Software Licensing Manager
Contract Manager
Chief Technology Officer
IT Director
Procurement Manager
Sales Director
Business Development Manager
Software Development Manager
Compliance Officer
Risk Manager
Commercial Director
Chief Information Officer
General Counsel
IP Rights Manager
Software Asset Manager
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