This Non-Exclusive Perpetual License agreement is essential for businesses seeking to grant or receive permanent, non-exclusive rights to use intellectual property, software, technology, or other protected content under Swiss law. It is particularly relevant when the licensor wishes to maintain the ability to license the same rights to multiple parties while ensuring the licensee has continuous, uninterrupted access to the licensed material. The document is structured to comply with Swiss legal requirements, including the Swiss Code of Obligations and relevant IP laws, making it suitable for both domestic and international licensing arrangements where Swiss law is the chosen jurisdiction. The agreement typically includes comprehensive terms covering license scope, usage rights, fees, maintenance, warranties, and termination provisions, even though the license is perpetual in nature.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and brief description of the licensed subject matter
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of License: Scope of the non-exclusive perpetual license, including permitted uses and territories
5. License Fees: Payment terms, including initial fees and any ongoing royalties or maintenance fees
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Licensee Obligations: Responsibilities and restrictions on the licensee's use of the licensed material
8. Warranties and Representations: Warranties regarding ownership, right to license, and quality of licensed material
9. Liability and Indemnification: Limitations of liability and indemnification obligations
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Term and Termination: Duration of the agreement and grounds for termination despite perpetual nature
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Source Code Escrow: Required if licensing software with source code protection
2. Quality Control: Needed if licensed material requires quality standards maintenance
3. Training and Support: Include if technical support or training is part of the license
4. Data Protection: Required if licensed material involves personal data processing
5. Export Control: Include if licensed material is subject to export regulations
6. Sublicensing Rights: Optional section detailing if and how licensee can sublicense
7. Audit Rights: Include if licensor needs right to audit licensee's use
8. Maintenance and Updates: Required if agreement includes ongoing maintenance obligations
1. Schedule 1 - Licensed Material: Detailed description of the licensed intellectual property
2. Schedule 2 - Technical Specifications: Technical details and requirements of the licensed material
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and payment terms
4. Schedule 4 - Service Levels: Performance standards and metrics if applicable
5. Schedule 5 - Approved Use Cases: Specific approved uses and applications of the licensed material
6. Appendix A - Contact Details: Key contacts for both parties for various purposes
7. Appendix B - Maintenance and Support Terms: Detailed terms for any maintenance and support services
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Manufacturing
Healthcare
Financial Services
Telecommunications
Media and Entertainment
Pharmaceutical
Biotechnology
Industrial Automation
Research and Development
Professional Services
Education
Retail
Relevant Teams
Legal
Intellectual Property
Business Development
Technology
Research and Development
Commercial
Procurement
Software Development
Innovation
Product Management
Compliance
Contract Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Intellectual Property Manager
Licensing Manager
Contract Manager
Business Development Director
Head of Innovation
Chief Legal Officer
Technology Transfer Officer
IP Rights Manager
Commercial Director
Research Director
Product Manager
Software Development Manager
Chief Executive Officer
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