The Limited Use License agreement is essential for businesses and individuals operating under Swiss law who need to grant or receive restricted rights to use intellectual property, software, content, or other proprietary materials. This document type is particularly relevant in today's digital economy where controlled usage of intellectual property is crucial for maintaining competitive advantage and protecting valuable assets. The agreement carefully balances the licensor's need to protect their intellectual property while allowing licensees to derive value from its limited use. It incorporates specific requirements of Swiss contract law and intellectual property regulations, making it suitable for both domestic Swiss operations and international licensing arrangements where Swiss law is chosen as the governing law. The document typically includes detailed terms about usage restrictions, territory limitations, payment structures, and compliance requirements.
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1. Parties: Identification and details of the licensor and licensee, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including brief description of the licensed material and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Material', 'Permitted Use', and 'Territory'
4. Grant of License: Specific rights being granted, including scope, territory, and any express restrictions
5. License Restrictions: Explicit limitations on use, prohibited activities, and reserved rights
6. Duration and Termination: Term of the license, renewal provisions, and circumstances allowing termination
7. Payment Terms: License fees, payment schedule, and any recurring charges
8. Intellectual Property Rights: Confirmation of ownership rights and handling of any derivative works
9. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
10. Liability and Indemnification: Limitations of liability and indemnification obligations
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Maintenance and Support: Terms for technical support and maintenance, if applicable for software or technical licenses
2. Data Protection: Specific provisions for handling personal data when the license involves data processing
3. Quality Control: Quality standards and monitoring rights, particularly relevant for trademark or brand licenses
4. Audit Rights: Licensor's rights to audit licensee's use of licensed material
5. Sublicensing Rights: Terms governing any permitted sublicensing arrangements
6. Export Control: Compliance with export regulations for international licenses
7. Source Code Escrow: Provisions for source code escrow in software licenses
8. Geographic Restrictions: Specific territorial limitations and requirements
1. Schedule 1 - Licensed Material: Detailed description of the licensed material, including technical specifications or content inventory
2. Schedule 2 - Permitted Uses: Comprehensive list of authorized uses and specific use cases
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, including any variable components
4. Schedule 4 - Technical Requirements: Technical specifications or requirements for using the licensed material
5. Appendix A - Service Level Agreement: Details of support and maintenance services, if applicable
6. Appendix B - Security Requirements: Security standards and protocols that must be followed
7. Appendix C - Approved Sublicensees: List of pre-approved sublicensees, if applicable
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