This Software License Subscription agreement is designed for use in Switzerland when establishing a subscription-based software licensing relationship between a provider and customer. It combines elements of traditional software licensing with subscription service provisions, adapted to comply with Swiss legal requirements. The document is particularly suitable for cloud-based software solutions, SaaS offerings, or other subscription-based software products where ongoing access and service delivery are key components. It includes comprehensive provisions for data protection under Swiss law, service level commitments, support obligations, and subscription management. The agreement addresses both the technical aspects of software delivery and the commercial relationship between parties, incorporating Swiss-specific legal requirements around contract formation, performance, and termination.
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the software and subscription service
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the software license, usage rights, and restrictions
5. Subscription Terms: Duration, renewal, and subscription model details
6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences
7. Service Access and Availability: Terms regarding access to the software and service availability commitments
8. Data Protection and Security: Compliance with Swiss data protection laws and security requirements
9. Intellectual Property Rights: IP ownership, protection, and infringement provisions
10. Confidentiality: Protection of confidential information and trade secrets
11. Customer Obligations: Customer responsibilities and acceptable use policies
12. Provider Obligations: Provider's commitments, including support and maintenance
13. Warranties and Disclaimers: Warranties provided and limitations
14. Liability and Indemnification: Limitation of liability and indemnification provisions
15. Term and Termination: Contract duration, termination rights, and consequences
16. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Professional Services: Include when implementation, configuration, or training services are provided
2. Service Levels: Include when specific performance metrics and remedies are required
3. Disaster Recovery: Include for business-critical applications requiring specific recovery commitments
4. Audit Rights: Include when customer requires rights to audit usage or compliance
5. Source Code Escrow: Include when source code escrow arrangements are required
6. Data Migration: Include when specific provisions for data migration in/out are needed
7. Insurance Requirements: Include when specific insurance coverage needs to be maintained
8. Compliance with Industry Standards: Include when specific industry regulations or standards apply
1. Software Description: Detailed description of the licensed software and its functionality
2. Technical Requirements: Hardware, software, and network requirements for using the software
3. Service Level Agreement: Detailed service levels, metrics, and remedies
4. Support and Maintenance: Description of support services, response times, and maintenance windows
5. Fee Schedule: Detailed pricing, payment terms, and calculation methods
6. Data Processing Agreement: Detailed terms for processing personal data in compliance with Swiss law
7. Security Requirements: Detailed security standards and requirements
8. Acceptable Use Policy: Detailed rules and restrictions for software usage
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