The Evaluation License Agreement under Swiss law is designed for situations where organizations need to assess the suitability and performance of specific products, technologies, or software solutions before making a purchase decision or entering into a longer-term arrangement. This document is essential when valuable intellectual property or confidential information needs to be shared for evaluation purposes while maintaining appropriate protections for all parties involved. The agreement typically includes specific evaluation criteria, usage limitations, confidentiality provisions, and clearly defined evaluation periods, all structured to comply with Swiss legal requirements. It is particularly relevant in technology-driven sectors where thorough testing and assessment are crucial before implementation. The Evaluation License ensures that both the provider's intellectual property rights are protected and the evaluator's assessment needs are met within a controlled, legally-compliant framework.
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1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details
2. Background: Context of the evaluation license, including brief description of the technology/product to be evaluated
3. Definitions: Key terms used throughout the agreement, including 'Evaluation Period', 'Licensed Materials', 'Evaluation Purpose'
4. Grant of License: Scope and nature of the evaluation license, including express limitations and restrictions
5. Evaluation Period: Duration of the evaluation license, including start date and end date
6. Permitted Use: Specific allowed uses during evaluation, including any restrictions or limitations
7. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
8. Confidentiality: Obligations regarding confidential information disclosed during evaluation
9. No Warranties: Disclaimer of warranties for evaluation materials
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Post-Evaluation Obligations: Requirements after evaluation period ends, including return or destruction of materials
12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Fees: Include if there are any fees associated with the evaluation
2. Technical Support: Include if technical support will be provided during evaluation
3. Data Protection: Include if personal data processing is involved in the evaluation
4. Installation and Training: Include if the evaluation requires installation or training services
5. Feedback Rights: Include if feedback from evaluation will be collected and rights to such feedback need to be addressed
6. Insurance: Include if specific insurance requirements are needed for high-risk evaluations
7. Export Control: Include if the evaluated materials are subject to export control regulations
8. Third Party Rights: Include if third party materials or rights are involved in the evaluation
1. Schedule 1 - Licensed Materials: Detailed description of materials provided for evaluation
2. Schedule 2 - Technical Specifications: Technical details and requirements for the evaluation
3. Schedule 3 - Evaluation Criteria: Specific criteria or benchmarks for the evaluation
4. Schedule 4 - Support Services: Details of any technical support provided during evaluation
5. Appendix A - Security Requirements: Security protocols and requirements during evaluation
6. Appendix B - Return Procedures: Procedures for return or destruction of materials post-evaluation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Biotechnology
Manufacturing
Healthcare Technology
Industrial Automation
Research & Development
Telecommunications
Financial Technology
Clean Technology
Pharmaceutical
Defense Technology
Consumer Electronics
Relevant Teams
Legal
Procurement
Information Technology
Research & Development
Product Management
Innovation
Compliance
Information Security
Operations
Business Development
Technical Operations
Vendor Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Procurement Manager
IT Director
Research & Development Director
Product Manager
Innovation Manager
Technical Evaluation Specialist
Compliance Officer
Intellectual Property Manager
Business Development Manager
Solutions Architect
Security Officer
Operations Manager
Contract Manager
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