The Dual Software License agreement is designed for software providers operating under Swiss jurisdiction who wish to offer their software under both proprietary and open-source licensing models. This flexible licensing approach allows organizations to maintain an open-source community while generating revenue through commercial licensing. The document becomes necessary when a software provider wants to offer their product with different terms, rights, and obligations depending on the user's needs and intended use. It includes comprehensive provisions addressing commercial terms, technical specifications, support obligations, and compliance requirements under Swiss law. The agreement ensures alignment with Swiss legal frameworks, including the Code of Obligations, Copyright Act, and Data Protection regulations, while providing clear guidance on license selection, usage rights, and obligations under each licensing option.
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1. Parties: Identification of the licensor and licensee, including full legal names and addresses
2. Background: Context of the agreement, description of the software, and explanation of the dual licensing model
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical and legal terminology
4. Grant of License: Explicit description of both license options (proprietary and open source) and their scope
5. License Selection: Process and mechanism for selecting between the two license options
6. Commercial License Terms: Detailed terms and conditions for the commercial/proprietary license option
7. Open Source License Terms: Reference to and conditions of the open source license option
8. Intellectual Property Rights: Statement of ownership and IP rights retention
9. License Fees and Payment: Commercial license pricing, payment terms, and conditions
10. Warranties and Representations: Warranties provided or disclaimed under each license option
11. Limitation of Liability: Limitations and exclusions of liability under Swiss law
12. Term and Termination: Duration of the agreement and conditions for termination
13. Governing Law and Jurisdiction: Specification of Swiss law governance and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Support and Maintenance: Terms for technical support and maintenance services, optional for commercial licenses
2. Service Level Agreement: Specific performance metrics and service levels for enterprise customers
3. Data Protection: Additional data protection provisions when software processes personal data
4. Export Controls: Compliance with international trade regulations for cross-border distribution
5. Source Code Escrow: Terms for source code escrow arrangements for enterprise customers
6. Professional Services: Terms for additional consulting or implementation services
7. High-Availability Commitment: Specific provisions for business-critical applications
8. Custom Development: Terms for custom modifications or development work
1. Schedule A - Software Description: Detailed technical description of the software and its components
2. Schedule B - Commercial License Pricing: Pricing tiers and structures for commercial licenses
3. Schedule C - Open Source Components: List of open source components and their respective licenses
4. Schedule D - Technical Requirements: Minimum system requirements and technical specifications
5. Schedule E - Support Terms: Detailed support and maintenance terms for commercial licenses
6. Appendix 1 - Acceptable Use Policy: Guidelines and restrictions for software usage
7. Appendix 2 - Data Processing Agreement: Standard data processing terms when applicable
8. Appendix 3 - Service Level Metrics: Detailed service level commitments and measurements
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