The Freeware License Agreement is essential for software developers and companies who wish to distribute their software free of charge while maintaining control over its use and protecting their intellectual property rights. This document type is commonly used when releasing open-access software tools, utilities, or applications for public use under Swiss jurisdiction. It addresses crucial aspects such as usage rights, liability limitations, warranty disclaimers, and intellectual property protection, all within the framework of Swiss law. The agreement ensures that while users can freely access and use the software, the developer's rights are protected and their liability is appropriately limited. This document is particularly relevant in today's digital ecosystem where free software distribution is common but legal protection remains essential.
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1. Parties: Identification of the licensor (software owner) and licensee (end user)
2. Background: Brief context about the software and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Software', 'License', 'User', etc.
4. Grant of License: Scope of the license, including usage rights and restrictions
5. Intellectual Property Rights: Declaration of ownership and protection of IP rights
6. Terms of Use: Permitted and prohibited uses of the software
7. Distribution Rights: Terms governing redistribution of the software
8. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties
9. Limitation of Liability: Limitations on licensor's liability under Swiss law
10. Term and Termination: Duration of the license and conditions for termination
11. Governing Law and Jurisdiction: Application of Swiss law and jurisdiction for disputes
1. Data Collection and Privacy: Required if the software collects or processes user data, ensuring compliance with Swiss FADP
2. Third-Party Components: Needed if the software includes third-party libraries or components
3. Export Controls: Required if the software is subject to international distribution restrictions
4. Support and Updates: Include if the licensor provides any form of support or updates
5. User Feedback: Terms regarding user feedback and suggestions if the licensor wants to use them
6. Academic or Research Use: Special terms for academic or research applications of the software
7. Commercial Use Restrictions: Specific restrictions on commercial use if applicable
1. Technical Requirements: Minimum system requirements and technical specifications
2. Installation Guide: Basic instructions for software installation and setup
3. Third-Party Licenses: List and terms of third-party software licenses included
4. Privacy Policy: Detailed privacy policy if the software processes personal data
5. Acceptable Use Policy: Detailed guidelines for acceptable use of the software
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Education
Research & Development
Non-Profit
Healthcare
Financial Services
Public Sector
Media & Entertainment
Manufacturing
Relevant Teams
Legal
Software Development
Product Management
Compliance
Intellectual Property
Research & Development
Technical Operations
Information Security
Quality Assurance
Documentation
Relevant Roles
Software Developer
Legal Counsel
Intellectual Property Attorney
Product Manager
Chief Technology Officer
Software Architect
Open Source Program Manager
Compliance Officer
Technical Director
Research Director
Development Team Lead
Legal Operations Manager
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