The License Rental Agreement is essential for businesses and individuals operating in Switzerland who need to both license and rent assets in a single transaction. This hybrid agreement type is particularly relevant when dealing with equipment, software, or other assets that involve both intellectual property rights and physical possession. The document is structured to comply with Swiss federal laws, including the Swiss Code of Obligations and relevant intellectual property legislation. It serves as a comprehensive legal instrument that defines the terms of use, rental conditions, maintenance obligations, and payment terms while protecting both parties' interests. The License Rental Agreement is commonly used in commercial settings where traditional lease agreements or standard license agreements alone would not sufficiently address the complexity of the transaction.
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1. Parties: Identification and details of the licensor/landlord and licensee/tenant
2. Background: Context of the agreement and brief description of the asset being licensed and rented
3. Definitions: Defined terms used throughout the agreement
4. Grant of License and Rental Rights: Scope and nature of the license and rental rights being granted
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Payment Terms: License fees, rental payments, payment schedule, and payment methods
7. Use Restrictions: Limitations and conditions on the use of the licensed/rented asset
8. Maintenance and Support: Responsibilities for maintaining and supporting the licensed/rented asset
9. Representations and Warranties: Statements of fact and promises made by both parties
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Insurance: Required insurance coverage for the licensed/rented asset
12. Confidentiality: Protection of confidential information exchanged during the agreement
13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Intellectual Property Rights: Detailed IP provisions when the licensed asset involves significant IP components
2. Data Protection: Required when personal data processing is involved, ensuring FADP compliance
3. Security Deposit: Terms for security deposit if required for the rental component
4. Sublicensing and Assignment: Include when sublicensing or assignment rights are relevant
5. Force Majeure: Provisions for unforeseen circumstances affecting performance
6. Export Control: Required when the licensed asset is subject to export regulations
7. Training and Support Services: Include when additional services are provided with the license/rental
8. Environmental Compliance: Necessary when the asset has environmental implications
9. Competition Law Compliance: Include when the agreement might have competition law implications
1. Schedule 1 - Asset Description: Detailed technical specifications of the licensed/rented asset
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
3. Schedule 3 - Service Level Agreement: Performance standards and support requirements if applicable
4. Schedule 4 - Maintenance Schedule: Detailed maintenance requirements and schedules
5. Schedule 5 - Insurance Requirements: Specific insurance requirements and coverage details
6. Appendix A - Technical Documentation: Operating manuals and technical specifications
7. Appendix B - Acceptance Testing: Procedures and criteria for acceptance testing if applicable
8. Appendix C - Contact Details: Key contacts for both parties for various aspects of the agreement
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