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Software License Subscription Template for Switzerland

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Key Requirements PROMPT example:

Software License Subscription

"I need a Software License Subscription agreement for a cloud-based healthcare analytics platform that will be deployed to Swiss hospitals, with strict data protection requirements and an initial term starting January 2025."

Document background
This Software License Subscription agreement is designed for use in Switzerland when establishing a subscription-based software licensing relationship between a provider and customer. It combines elements of traditional software licensing with subscription service provisions, adapted to comply with Swiss legal requirements. The document is particularly suitable for cloud-based software solutions, SaaS offerings, or other subscription-based software products where ongoing access and service delivery are key components. It includes comprehensive provisions for data protection under Swiss law, service level commitments, support obligations, and subscription management. The agreement addresses both the technical aspects of software delivery and the commercial relationship between parties, incorporating Swiss-specific legal requirements around contract formation, performance, and termination.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details

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

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope of the software license, usage rights, and restrictions

5. Subscription Terms: Duration, renewal, and subscription model details

6. Fees and Payment: Pricing, payment terms, invoicing, and late payment consequences

7. Service Access and Availability: Terms regarding access to the software and service availability commitments

8. Data Protection and Security: Compliance with Swiss data protection laws and security requirements

9. Intellectual Property Rights: IP ownership, protection, and infringement provisions

10. Confidentiality: Protection of confidential information and trade secrets

11. Customer Obligations: Customer responsibilities and acceptable use policies

12. Provider Obligations: Provider's commitments, including support and maintenance

13. Warranties and Disclaimers: Warranties provided and limitations

14. Liability and Indemnification: Limitation of liability and indemnification provisions

15. Term and Termination: Contract duration, termination rights, and consequences

16. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Professional Services: Include when implementation, configuration, or training services are provided

2. Service Levels: Include when specific performance metrics and remedies are required

3. Disaster Recovery: Include for business-critical applications requiring specific recovery commitments

4. Audit Rights: Include when customer requires rights to audit usage or compliance

5. Source Code Escrow: Include when source code escrow arrangements are required

6. Data Migration: Include when specific provisions for data migration in/out are needed

7. Insurance Requirements: Include when specific insurance coverage needs to be maintained

8. Compliance with Industry Standards: Include when specific industry regulations or standards apply

Suggested Schedules

1. Software Description: Detailed description of the licensed software and its functionality

2. Technical Requirements: Hardware, software, and network requirements for using the software

3. Service Level Agreement: Detailed service levels, metrics, and remedies

4. Support and Maintenance: Description of support services, response times, and maintenance windows

5. Fee Schedule: Detailed pricing, payment terms, and calculation methods

6. Data Processing Agreement: Detailed terms for processing personal data in compliance with Swiss law

7. Security Requirements: Detailed security standards and requirements

8. Acceptable Use Policy: Detailed rules and restrictions for software usage

Authors

Alex Denne

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

Relevant legal definitions






















































Clauses









































Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Insurance

Banking

Pharmaceuticals

Telecommunications

Education

Retail

Government

Relevant Teams

Legal

Information Technology

Procurement

Information Security

Risk & Compliance

Operations

Finance

Privacy

Vendor Management

Enterprise Architecture

Relevant Roles

Chief Technology Officer

IT Director

Legal Counsel

Procurement Manager

Information Security Officer

Software Asset Manager

Contract Manager

Privacy Officer

Chief Information Officer

Enterprise Architect

Vendor Manager

Risk Manager

Compliance Officer

Operations 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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