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Software Sales Contract

Software Sales Contract Template for Switzerland

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Key Requirements PROMPT example:

Software Sales Contract

"I need a Software Sales Contract governed by Swiss law for selling our enterprise resource planning software to a manufacturing company, including source code escrow provisions and extensive maintenance terms with 24/7 support requirements starting March 2025."

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Document background
The Software Sales Contract is a critical legal instrument used in Switzerland for transactions involving the sale and licensing of software products. This document is essential when a software vendor or reseller wishes to sell software licenses to businesses or individuals under Swiss jurisdiction. The contract encompasses crucial elements required by Swiss law, including provisions from the Swiss Code of Obligations (OR), Federal Act on Data Protection (FADP), and relevant intellectual property regulations. It details the scope of the license grant, delivery terms, acceptance criteria, payment conditions, warranties, and support obligations. The agreement is particularly important for establishing clear ownership rights, usage permissions, and liability limitations while ensuring compliance with Swiss legal requirements for software transactions.
Suggested Sections

1. Parties: Identification of the seller and purchaser with full legal names and addresses

2. Background: Context of the agreement and brief description of the software being sold

3. Definitions: Key terms used throughout the agreement including Software, Documentation, Intellectual Property Rights, etc.

4. Software License Grant: Scope of license, permitted uses, and restrictions on use of the software

5. Delivery and Installation: Terms for software delivery, installation requirements, and timelines

6. Acceptance Testing: Procedures for testing and accepting the software, including acceptance criteria

7. Price and Payment Terms: Purchase price, payment schedule, and VAT considerations

8. Intellectual Property Rights: Ownership of IP rights, protection of proprietary rights, and infringement provisions

9. Warranties: Software performance warranties, compliance with specifications, and warranty period

10. Support and Maintenance: Basic support obligations and maintenance terms

11. Limitation of Liability: Limitations on liability and exclusions under Swiss law

12. Term and Termination: Duration of the agreement and termination rights

13. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection and Privacy: Required if the software processes personal data, addressing FADP compliance

2. Third-Party Software: Include if the software incorporates third-party components or dependencies

3. Export Controls: Required for software subject to export restrictions or international sales

4. Source Code Escrow: Optional protection for buyer through source code escrow arrangements

5. Professional Services: Include if additional implementation or training services are provided

6. Service Level Agreement: Include if specific performance levels are guaranteed

7. Disaster Recovery: Required for business-critical software applications

Suggested Schedules

1. Software Description: Detailed technical specifications and functionality of the software

2. License Terms: Detailed license terms, restrictions, and usage rights

3. Support and Maintenance Services: Detailed description of support levels and maintenance services

4. Service Level Agreement: Performance metrics, response times, and service credits if applicable

5. Price Schedule: Detailed breakdown of prices, payment milestones, and additional costs

6. Acceptance Test Criteria: Detailed acceptance testing procedures and success criteria

7. Technical Requirements: Hardware and software requirements for operation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































Clauses




































Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Education

Telecommunications

Insurance

Government

Pharmaceuticals

Automotive

Relevant Teams

Legal

Information Technology

Procurement

Sales

Vendor Management

Compliance

Finance

Software Asset Management

Commercial Operations

Risk Management

Relevant Roles

Chief Technology Officer

IT Director

Procurement Manager

Legal Counsel

Software Sales Manager

Contract Manager

Chief Information Officer

Vendor Management Officer

Software Licensing Specialist

Commercial Director

Chief Legal Officer

Software Asset Manager

IT Procurement Specialist

Business Development Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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