This Permanent Software License Agreement template is designed for use under Swiss law when establishing long-term software licensing arrangements. It is particularly suitable for situations where a software provider wishes to grant perpetual usage rights to their software while maintaining appropriate protections and compliance with Swiss legal requirements. The agreement incorporates essential elements required under the Swiss Code of Obligations and addresses specific considerations for software licensing under Swiss law. It should be used when implementing permanent software licensing arrangements, rather than subscription-based or temporary licensing models. The document includes comprehensive provisions for intellectual property protection, usage rights, technical requirements, and warranty terms, while ensuring alignment with Swiss data protection regulations and commercial law principles.
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Key Requirements PROMPT example:
Permanent Software License
"I need a Permanent Software License agreement for licensing our accounting software to a Swiss manufacturing company, with basic usage rights for 50 users and standard maintenance terms, to be implemented by March 2025."
1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the software, and purpose of the license
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope of the license, including usage rights, restrictions, and perpetual nature of the license
5. License Fees: Payment terms, including initial license fee and any recurring charges
6. Intellectual Property Rights: Confirmation of ownership, protection of IP rights, and handling of derivative works
7. Licensee Obligations: Requirements for software use, security measures, and usage restrictions
8. Technical Requirements: Minimum system requirements and technical specifications for software operation
9. Warranties: Software performance warranties and disclaimers as permitted under Swiss law
10. Liability and Indemnification: Limitation of liability provisions and indemnification obligations
11. Term and Termination: Duration of the agreement and grounds for termination despite perpetual nature
12. Confidentiality: Protection of confidential information and trade secrets
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Protection: Required if the software processes personal data, addressing compliance with Swiss data protection laws
2. Source Code Escrow: Optional provisions for source code escrow arrangements for business-critical software
3. Maintenance and Support: Optional section if ongoing maintenance and support services are provided
4. Training: Include if the license includes training services for licensee's personnel
5. Implementation Services: Required if the licensor provides installation and implementation services
6. Export Control: Include if the software is subject to export control regulations
7. Third-Party Software: Required if the software incorporates third-party components
8. Audit Rights: Optional provisions allowing licensor to audit licensee's compliance
1. Schedule 1 - Software Description: Detailed technical specifications and functionality of the licensed software
2. Schedule 2 - License Fees: Detailed breakdown of all applicable fees and payment terms
3. Schedule 3 - Technical Requirements: Detailed system requirements and technical specifications
4. Schedule 4 - Documentation: List of all user manuals and technical documentation provided
5. Schedule 5 - Support Services: Details of any support services, including service levels and response times
6. Appendix A - Acceptable Use Policy: Detailed rules and restrictions for software usage
7. Appendix B - Data Processing Terms: Detailed data protection and processing terms if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Manufacturing
Retail
Telecommunications
Professional Services
Education
Insurance
Banking
Pharmaceutical
Automotive
Energy
Media and Entertainment
Public Sector
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Software Development
Vendor Management
Information Security
Commercial Operations
Risk Management
Product Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Software Licensing Manager
Contracts Manager
Chief Information Officer
Intellectual Property Lawyer
Commercial Director
Technology Procurement Specialist
Vendor Management Officer
IT Asset Manager
Chief Legal Officer
Business Development Manager
Information Security Officer
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