The Perpetual License Agreement is essential for businesses seeking to establish long-term rights to use software, technology, or intellectual property under Swiss jurisdiction. This document is particularly relevant when parties wish to structure a one-time payment for permanent usage rights rather than a subscription-based model. The agreement needs to comply with Swiss law, particularly the Swiss Code of Obligations and Swiss Copyright Act, while addressing key aspects such as license scope, usage rights, intellectual property protection, and ongoing maintenance terms. It's commonly used in software licensing, technology transfers, and intellectual property transactions where permanent access to the licensed material is desired. The document should be carefully drafted to account for Swiss-specific legal requirements while ensuring clarity on perpetual usage rights, support obligations, and liability limitations.
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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 product/software
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the perpetual license, including territory and permitted use
5. License Fees: One-time license fee and payment terms
6. Intellectual Property Rights: Ownership and protection of IP rights in the licensed product
7. Licensee Obligations: Key responsibilities and restrictions on the licensee's use of the licensed product
8. Warranties and Representations: Warranties regarding the licensed product and intellectual property rights
9. Support and Maintenance: Terms for ongoing technical support and maintenance (if included in perpetual license)
10. Confidentiality: Protection of confidential information exchanged between parties
11. Limitation of Liability: Limitations on liability and exclusions under Swiss law
12. Term and Termination: Duration of agreement and circumstances for termination despite perpetual nature
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Source Code Escrow: Terms for source code escrow arrangements if agreed between parties
2. Professional Services: Terms for additional implementation or customization services if required
3. Data Protection: Specific provisions for handling personal data if the licensed product processes personal data
4. Hosting Services: Terms for hosting services if the licensor provides hosting for the licensed product
5. Export Control: Compliance with export control regulations if relevant to the licensed product
6. Third Party Software: Terms relating to third-party software components if included in the licensed product
7. Service Levels: Service level commitments if specific performance levels are guaranteed
8. Disaster Recovery: Disaster recovery and business continuity provisions if critical to the implementation
1. Schedule 1 - Licensed Product Specification: Detailed technical specifications of the licensed product
2. Schedule 2 - License Fees: Detailed breakdown of license fees and payment schedule
3. Schedule 3 - Support and Maintenance Services: Detailed description of support and maintenance services
4. Schedule 4 - Service Levels: Detailed service level requirements and metrics
5. Schedule 5 - Technical Requirements: Technical requirements for implementing and using the licensed product
6. Appendix A - Accepted Use Policy: Detailed policies regarding acceptable use of the licensed product
7. Appendix B - Security Requirements: Security standards and requirements for the licensed product
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