This Private Software License agreement template is designed for use under Swiss law when a software provider wishes to license their software to private entities while maintaining ownership and control over their intellectual property. The document incorporates essential provisions required by Swiss legislation, including the Swiss Code of Obligations (OR) and Federal Copyright Act (URG). It is particularly suitable for business-to-business software licensing transactions in Switzerland, covering aspects such as license scope, usage rights, warranties, and liability limitations. The agreement should be used when there is a need to establish clear terms for software usage while ensuring compliance with Swiss regulatory requirements and providing adequate protection for both licensor and licensee interests.
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Key Requirements PROMPT example:
Private Software License
"I need a Private Software License agreement under Swiss law for licensing our enterprise resource planning software to a manufacturing company, with specific provisions for source code escrow and an initial term of 3 years starting January 2025."
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: Key terms used throughout the agreement
4. Grant of License: Scope and nature of the license being granted
5. License Restrictions: Specific limitations on use of the software
6. Intellectual Property Rights: Confirmation of ownership and IP rights
7. Payment Terms: License fees, payment schedule, and related financial terms
8. Term and Termination: Duration of license and termination conditions
9. Warranties and Representations: Guarantees regarding software functionality and performance
10. Limitation of Liability: Limits on licensor's liability under Swiss law
11. Confidentiality: Protection of confidential information
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Source Code Escrow: Terms for source code deposit with third party, used for business-critical software
2. Data Protection: Specific provisions for handling personal data, required if software processes personal information
3. Maintenance and Support: Terms for ongoing support services, if offered
4. Export Control: Compliance with export regulations, needed for international use
5. Third Party Software: Terms regarding incorporated third-party software components
6. Audit Rights: Right to audit licensee's use of software, typically for enterprise licenses
7. Service Levels: Performance standards and metrics, relevant for cloud-based software
1. Schedule 1 - Software Description: Detailed technical specifications of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of licensing costs and payment terms
3. Schedule 3 - Technical Requirements: Minimum system requirements and technical specifications
4. Schedule 4 - Support Services: Details of maintenance and support services if included
5. Appendix A - Authorized Users: Definition and list of authorized users or user categories
6. Appendix B - Acceptance Testing: Criteria and procedures for software acceptance
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Education
Telecommunications
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Software Development
Compliance
Commercial Operations
Intellectual Property
Contract Management
Enterprise Architecture
Information Security
Relevant Roles
Chief Technology Officer
Software Licensing Manager
Legal Counsel
IT Director
Procurement Manager
Contract Manager
Software Development Manager
Intellectual Property Lawyer
Commercial Director
Chief Information Officer
Compliance Officer
IT Asset Manager
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