This Software Subscription Agreement template is designed for use under Swiss law when establishing a contractual relationship for the provision of software services on a subscription basis. It is particularly relevant in today's digital economy where software is increasingly delivered as a service rather than a one-time purchase. The agreement incorporates essential elements required under Swiss contract law (Code of Obligations) and data protection legislation (FADP), making it suitable for both domestic and international business relationships where Swiss law is the chosen governing law. The document addresses critical aspects including service levels, data protection, intellectual property rights, and liability provisions, while ensuring compliance with Swiss regulatory requirements. It is structured to protect both the software provider's interests and the subscriber's rights, providing a balanced framework for ongoing software service delivery.
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1. Parties: Identification of the contracting parties - software provider and subscriber
2. Background: Context of the agreement and brief description of the software service
3. Definitions: Key terms used throughout the agreement
4. Subscription Grant: Scope of subscription, access rights, and usage limitations
5. Subscription Fees: Payment terms, fee structure, and billing procedures
6. Service Levels: Performance standards, availability commitments, and support services
7. Customer Obligations: Customer responsibilities, acceptable use policy, and compliance requirements
8. Data Protection: Data processing terms, privacy obligations, and FADP compliance measures
9. Intellectual Property Rights: IP ownership, licenses, and restrictions
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal terms, and termination rights
12. Warranties and Disclaimers: Service warranties and limitations aligned with Swiss law
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. General Provisions: Miscellaneous legal terms including governing law and jurisdiction
1. Professional Services: Include when implementation, training, or consulting services are provided
2. Third-Party Integrations: Include when the software interfaces with third-party services
3. Disaster Recovery: Include for business-critical applications requiring specific recovery commitments
4. Export Control: Include when software is subject to international trade restrictions
5. Insurance: Include when specific insurance coverage requirements exist
6. Source Code Escrow: Include when source code escrow arrangements are required
7. Multi-tenant Provisions: Include for shared infrastructure deployments
8. Audit Rights: Include when usage monitoring and audit rights are required
1. Service Description: Detailed description of the software functionality and features
2. Service Level Agreement: Detailed performance metrics, response times, and remedies
3. Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Technical Requirements: Required hardware, software, and network specifications
5. Support Services: Support levels, procedures, and contact information
6. Data Processing Agreement: Detailed data protection terms and processing specifications
7. Security Requirements: Security standards, measures, and compliance requirements
8. Acceptable Use Policy: Detailed rules and restrictions for software usage
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Education
Telecommunications
Insurance
Banking
Pharmaceuticals
Energy
Transportation
Government
Media and Entertainment
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Compliance
Finance
Risk Management
Vendor Management
Operations
Software Development
Data Protection
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Software Development Manager
Information Security Officer
Data Protection Officer
Contract Manager
Vendor Management Lead
IT Operations Manager
Chief Financial Officer
Risk Manager
Compliance Officer
Business Development Manager
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