This Perpetual Software License agreement is designed for situations where a software provider grants permanent, non-revocable rights to use their software to a customer under Swiss law. The document is particularly suited for enterprise software deployments where the customer requires long-term security of software usage rights and stable operational conditions. It comprehensively addresses perpetual licensing terms, maintenance provisions, intellectual property rights, and compliance with Swiss federal regulations, including the Swiss Code of Obligations and Data Protection Act. The agreement is structured to protect both the licensor's intellectual property rights and the licensee's investment while establishing clear parameters for software usage, support, and dispute resolution under Swiss jurisdiction.
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1. Parties: Identification and details of the licensor and licensee, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software, and the parties' intentions
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. License Grant: Scope of the perpetual license, permitted uses, and any territorial restrictions
5. License Fees: One-time license fee, payment terms, and any recurring maintenance fees
6. Intellectual Property Rights: Ownership of IP, protection of rights, and handling of derivative works
7. Delivery and Installation: Terms for software delivery, installation requirements, and acceptance criteria
8. Use Restrictions: Specific limitations on use, prohibited activities, and user restrictions
9. Maintenance and Support: Terms for ongoing maintenance, updates, and technical support services
10. Warranties and Representations: Software performance warranties, IP warranties, and compliance with laws
11. Liability and Indemnification: Limitation of liability, mutual indemnification obligations, and risk allocation
12. Term and Termination: Duration of perpetual license, termination grounds, and post-termination obligations
13. Confidentiality: Protection of confidential information and trade secrets
14. General Provisions: Standard legal clauses including governing law, jurisdiction, and dispute resolution
1. Source Code Escrow: Terms for source code escrow arrangements, typically included for business-critical software
2. Data Protection: Specific data protection obligations when software processes personal data
3. Disaster Recovery: Requirements for disaster recovery and business continuity measures
4. Export Control: Compliance with export control regulations for international use
5. Third-Party Software: Terms relating to incorporated third-party software components
6. Service Level Agreement: Detailed performance metrics and service levels for software operation
7. Security Requirements: Specific security standards and compliance requirements
8. Training and Documentation: Terms for user training and maintenance of documentation
1. Software Description: Detailed technical specifications and functionality of the licensed software
2. License Fees Schedule: Detailed breakdown of license fees and payment schedule
3. Technical Requirements: Hardware and software requirements for proper operation
4. Support and Maintenance Services: Detailed description of support levels and maintenance services
5. Acceptance Testing Procedures: Criteria and procedures for software acceptance testing
6. Security Standards: Required security standards and compliance requirements
7. Authorized Users: List of authorized users or user categories and access levels
8. Third-Party Components: List of third-party software components and associated licenses
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare
Manufacturing
Retail
Professional Services
Telecommunications
Education
Government and Public Sector
Insurance
Pharmaceuticals
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Finance
Risk Management
Information Security
Vendor Management
Software Asset Management
Technical Operations
Contract Administration
Relevant Roles
Chief Technology Officer
Legal Counsel
IT Director
Procurement Manager
Software Licensing Manager
Compliance Officer
Contract Manager
Chief Information Officer
Chief Legal Officer
IT Procurement Specialist
Software Asset Manager
Information Security Manager
Technical Operations Director
Chief Financial Officer
Risk Manager
Vendor Management Officer
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