The Evaluation License Agreement under Swiss law is essential for organizations seeking to protect their intellectual property while allowing potential clients or partners to assess their technology or software solutions. This document type is particularly relevant when a company needs to provide temporary, limited access to its proprietary assets for evaluation purposes, while maintaining strong legal protections. The agreement incorporates specific requirements of Swiss law, including provisions from the Swiss Code of Obligations and federal intellectual property regulations. It's commonly used in technology transfer scenarios, software implementations, or industrial solutions testing, where a controlled evaluation period is necessary before committing to a full commercial license. The document includes crucial elements such as evaluation period limitations, usage restrictions, confidentiality obligations, and feedback requirements, all structured to comply with Swiss legal frameworks.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, describing the licensor's ownership of the technology/software and the licensee's desire to evaluate it
3. Definitions: Key terms used throughout the agreement, including 'Evaluation Period', 'Licensed Materials', 'Confidential Information', etc.
4. Grant of License: Scope and nature of the evaluation license, including clear statements about its temporary and non-commercial nature
5. Evaluation Period: Duration of the evaluation license and any potential extension mechanisms
6. Permitted Use: Specific limitations and permissions regarding how the licensee may use the licensed materials during evaluation
7. Confidentiality Obligations: Provisions protecting confidential information exchanged during the evaluation
8. Intellectual Property Rights: Confirmation of licensor's ownership and protection of IP rights
9. Feedback and Evaluation Results: Requirements for providing feedback and handling of evaluation results
10. Warranties and Disclaimers: Limited warranties appropriate for evaluation purposes and associated disclaimers
11. Termination: Conditions for termination and post-termination obligations
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Access and Security Requirements: Specific security protocols and access restrictions, necessary when dealing with sensitive systems or data
2. Third Party Access: Rules regarding involvement of third parties in the evaluation process, needed when licensee might require external consultants
3. Evaluation Fees: Terms regarding any fees for the evaluation period, included when the evaluation is not free
4. Support Services: Details of any technical support provided during evaluation, needed when licensor offers support
5. Insurance Requirements: Insurance obligations, relevant when evaluation involves high-value or high-risk materials
6. Data Protection: Specific data protection obligations, required when personal data processing is involved
7. Conversion to Commercial License: Process for converting to a full commercial license, included when this is an option
1. Schedule 1 - Licensed Materials: Detailed description of software, technology, or materials being provided for evaluation
2. Schedule 2 - Technical Requirements: Technical specifications and requirements for implementing or testing the licensed materials
3. Schedule 3 - Evaluation Criteria: Specific parameters and metrics for evaluation
4. Schedule 4 - Support Services: Details of any technical support, training, or assistance provided during evaluation
5. Schedule 5 - Security Protocols: Detailed security requirements and procedures
6. Appendix A - Feedback Form: Template for providing structured feedback on the evaluation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Manufacturing
Pharmaceuticals
Biotechnology
Industrial Automation
Research & Development
Healthcare
Financial Services
Telecommunications
Automotive
Aerospace
Energy
Professional Services
Relevant Teams
Legal
Information Technology
Research & Development
Product Development
Business Development
Procurement
Innovation
Software Development
Technical Operations
Intellectual Property
Contract Management
Enterprise Architecture
Relevant Roles
Chief Technology Officer
Legal Counsel
Business Development Manager
Product Manager
Software Development Manager
Procurement Manager
Innovation Director
Technical Director
Intellectual Property Manager
Contract Manager
Research & Development Director
Chief Information Officer
Technology Evaluation Specialist
Solutions Architect
Licensing Manager
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