This Perpetual Use License template is designed for situations where permanent usage rights for software, technology, or intellectual property are being granted under Swiss law. It is particularly relevant for technology transfers, software licensing, and long-term intellectual property arrangements where the licensee requires assured continuous access to the licensed material. The document incorporates essential elements required by Swiss federal legislation, including the Code of Obligations and Federal Copyright Act, while addressing practical considerations such as maintenance, support, and technical requirements. It's structured to provide comprehensive protection for both licensor and licensee, with specific attention to Swiss regulatory compliance and international business practices.
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1. Parties: Identification and details of the Licensor and Licensee, including registered addresses and company details
2. Background: Context of the agreement, description of the licensed material/software, and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Explicit terms of the perpetual license, including scope, territory, and usage rights
5. License Fee: One-time payment terms and any ongoing fees for maintenance or support
6. Intellectual Property Rights: Confirmation of ownership and protection of IP rights
7. Warranties and Representations: Warranties regarding ownership, non-infringement, and performance
8. Limitations of Liability: Scope of liability limitations under Swiss law
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Confirmation of perpetual nature and any termination rights for material breach
11. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction
1. Technical Support and Maintenance: Terms for ongoing technical support and maintenance - include if support services are part of the agreement
2. Updates and Upgrades: Terms regarding future versions and improvements - include if relevant to the licensed material
3. Data Protection: Compliance with Swiss data protection laws - include if personal data processing is involved
4. Source Code Escrow: Terms for source code protection - include for software licenses where source code access might be needed
5. Export Control: Export compliance terms - include for international licensing arrangements
6. Assignment and Sublicensing: Terms for transfer of rights - include if sublicensing or assignment rights are relevant
7. Audit Rights: Terms for usage audit - include for licenses with usage restrictions or royalty payments
1. Schedule 1 - Licensed Material: Detailed description of the licensed material/software, including version numbers and specifications
2. Schedule 2 - Technical Requirements: Technical specifications and system requirements
3. Schedule 3 - Support and Maintenance Services: Detailed description of any support and maintenance services
4. Schedule 4 - Fee Schedule: Detailed breakdown of license fees and any ongoing charges
5. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the licensed material
6. Appendix B - Service Level Agreement: Performance standards and service levels if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Healthcare Technology
Financial Services
Manufacturing
Education
Research & Development
Media & Entertainment
Telecommunications
Professional Services
Biotechnology
Industrial Automation
Relevant Teams
Legal
Information Technology
Procurement
Compliance
Engineering
Software Development
Contract Management
Intellectual Property
Risk Management
Technology Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
IP Manager
Procurement Manager
IT Director
Software Licensing Manager
Contract Administrator
Chief Information Officer
Technology Acquisition Manager
Legal Operations Manager
Compliance Officer
Business Development Director
Head of Engineering
Chief Legal Officer
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