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On Premise Software License Template for Switzerland

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Key Requirements PROMPT example:

On Premise Software License

"I need an On Premise Software License Agreement under Swiss law for licensing our enterprise resource planning software to a pharmaceutical company, with specific provisions for data protection and compliance with GMP regulations, planned to be effective from March 2025."

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This On Premise Software License Agreement template is designed for use under Swiss law when a software provider wishes to license their software product for installation and use on a customer's own infrastructure. The document is essential for establishing clear terms of software usage, incorporating key provisions required under Swiss legislation including the Swiss Code of Obligations and Federal Data Protection Act. It covers critical aspects such as license scope, installation requirements, usage restrictions, maintenance terms, and liability limitations. The agreement is particularly relevant for business-to-business transactions where software is deployed within the customer's own environment rather than accessed as a cloud service. It includes specific provisions addressing Swiss legal requirements for warranties, intellectual property protection, and data privacy, making it suitable for both domestic Swiss transactions and international licensing arrangements governed by Swiss law.
Suggested Sections

1. Parties: Identification of the licensor and licensee with full legal details

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

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

4. License Grant: Scope of the license, permitted uses, and restrictions

5. Delivery and Installation: Terms for software delivery, installation process, and acceptance criteria

6. License Fees: Payment terms, fee structure, and payment schedule

7. Intellectual Property Rights: Ownership of IP rights, protection measures, and infringement procedures

8. Licensee Obligations: User responsibilities, usage restrictions, and compliance requirements

9. Support and Maintenance: Terms for technical support, updates, and maintenance services

10. Warranties: Software performance warranties and disclaimers in accordance with Swiss law

11. Liability and Indemnification: Limitation of liability and indemnification obligations

12. Term and Termination: Duration, renewal terms, and termination conditions

13. Confidentiality: Protection of confidential information and trade secrets

14. General Provisions: Standard legal provisions including governing law, jurisdiction, and notice requirements

Optional Sections

1. Data Protection: Required if the software processes personal data, ensuring compliance with Swiss FDPA

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

3. Export Controls: Necessary for software subject to export regulations

4. Disaster Recovery: Include for business-critical software requiring specific recovery procedures

5. Source Code Escrow: Optional protection for licensee through source code escrow arrangements

6. Professional Services: Include if additional implementation or consulting services are provided

7. Service Levels: Include if specific performance metrics and remedies are guaranteed

8. Audit Rights: Include for licenses requiring usage monitoring and compliance verification

Suggested Schedules

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

2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and calculations

3. Schedule 3 - Technical Requirements: Hardware and system requirements for software operation

4. Schedule 4 - Support Services: Detailed support levels, response times, and escalation procedures

5. Schedule 5 - Service Levels: Performance metrics, measurement methods, and remedies

6. Appendix A - Authorized Users: Definition and limitations of authorized software users

7. Appendix B - Permitted Locations: Approved installation and usage locations

8. Appendix C - Acceptance Testing: Testing procedures and acceptance criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 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




































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Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Telecommunications

Education

Government and Public Sector

Insurance

Pharmaceuticals

Energy and Utilities

Relevant Teams

Legal

Information Technology

Procurement

Finance

Compliance

Risk Management

Information Security

Software Development

Commercial Operations

Vendor Management

Contract Administration

Business Development

Relevant Roles

Chief Legal Officer

Legal Counsel

Contract Manager

Chief Information Officer

IT Director

Software Licensing Manager

Procurement Manager

Chief Technology Officer

Information Security Officer

Chief Financial Officer

Commercial Director

Risk Manager

Compliance Officer

IT Asset Manager

Software Development Manager

Business Development Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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