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This Terms of Use/EULA template is designed for software providers, digital service operators, and technology companies operating under Swiss jurisdiction. It serves as a legally binding agreement between the provider and end users, whether individuals or organizations. The document is essential for any entity offering software, applications, or digital services to Swiss users or operating under Swiss law. It includes comprehensive provisions for data protection (complying with FADP), intellectual property rights, usage terms, liability limitations, and dispute resolution. The Terms of Use/EULA should be implemented before any user is granted access to the software or service and should be regularly updated to reflect changes in Swiss legislation or service offerings. This template is particularly relevant for both B2B and B2C relationships and can be customized based on the specific nature of the software or service being provided.

1. Parties: Identifies the software/service provider and defines the user/licensee

2. Background: Brief context about the software/service and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of License: Defines the granted rights, permitted uses, and restrictions

5. Account Registration and Security: Requirements and responsibilities for user accounts

6. User Obligations and Restrictions: Specific obligations of users and prohibited activities

7. Intellectual Property Rights: Declaration of IP ownership and protection measures

8. Data Protection and Privacy: Data collection, processing, and protection measures

9. Payment Terms: Pricing, payment methods, and related conditions if applicable

10. Term and Termination: Duration, renewal, and termination conditions

11. Warranty and Disclaimers: Extent of warranties provided and limitations

12. Limitation of Liability: Liability limitations and exclusions under Swiss law

13. Indemnification: User's obligation to indemnify provider in specific circumstances

14. Governing Law and Jurisdiction: Swiss law application and jurisdiction details

15. General Provisions: Miscellaneous legal provisions including severability and entire agreement