This Exclusive And Non-Exclusive License template is designed for use under Swiss law when organizations need to formalize the transfer of intellectual property rights while maintaining different levels of control over their usage. It is particularly relevant in situations where the licensor wishes to maintain flexibility in their licensing strategy, potentially granting exclusive rights in certain territories or fields of use while maintaining non-exclusive arrangements in others. The document incorporates Swiss legal requirements, including provisions from the Code of Obligations, intellectual property laws, and competition regulations. It contains comprehensive sections covering license scope, quality control, payment terms, and enforcement mechanisms, making it suitable for both domestic Swiss transactions and international licensing arrangements where Swiss law is chosen as the governing law.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement, including ownership of the licensed rights and purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of rights granted, including territory, exclusivity provisions, and field of use
5. License Fees and Payment Terms: Financial terms including royalties, minimum payments, and payment mechanics
6. Protection of Licensed Rights: Obligations regarding IP protection, maintenance, and enforcement
7. Quality Control: Standards for use of licensed rights and quality assurance requirements
8. Representations and Warranties: Statements of fact and guarantees by both parties
9. Term and Termination: Duration of agreement and circumstances allowing termination
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Assignment and Sub-licensing: Rules regarding transfer of rights and granting sub-licenses
12. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions
13. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments
1. Minimum Performance Requirements: Used when the license includes specific performance targets or minimum sales requirements
2. Improvements and New Developments: Include when parties may develop improvements to the licensed technology
3. Marketing and Promotion: Required when the licensee has specific obligations regarding marketing of licensed products
4. Technical Support and Training: Include when the licensor will provide technical assistance
5. Export Control: Necessary for international licensing arrangements involving controlled technologies
6. Data Protection: Required when personal data processing is involved in the licensed activities
7. Source Code Escrow: For software licenses where source code protection is required
8. Insurance Requirements: Include when specific insurance coverage is required for licensed activities
1. Schedule 1 - Licensed Rights: Detailed description of IP rights covered by the license
2. Schedule 2 - Territory: Detailed definition of geographical territories covered
3. Schedule 3 - Products and Services: Specification of licensed products or services
4. Schedule 4 - Quality Standards: Detailed quality control requirements and specifications
5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
6. Schedule 6 - Technical Specifications: Technical details and requirements for licensed technology
7. Appendix A - Trademark Usage Guidelines: Guidelines for proper use of licensed trademarks
8. Appendix B - Reporting Templates: Standard forms for required periodic reports
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