The Database Licence Agreement is essential when an organization wishes to grant controlled access to its proprietary database while maintaining ownership rights. This agreement type is particularly relevant under English and Welsh law, which provides specific protection for databases through both copyright and sui generis database rights. It should be used whenever a database owner wants to license access to their database while setting clear terms for usage, protecting intellectual property rights, ensuring data security, and establishing payment terms. The agreement typically includes provisions for access methods, permitted uses, territorial restrictions, and compliance with data protection regulations.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership declaration of the database
3. Definitions: Key terms used throughout the agreement including Database, Intellectual Property Rights, Permitted Use, etc.
4. Grant of Licence: Scope and nature of the licence being granted, including usage rights and restrictions
5. Licence Fees: Payment terms, fee structure, and payment conditions
6. Intellectual Property Rights: Rights ownership, protection provisions, and acknowledgment of database rights
7. Confidentiality: Protection of confidential information and trade secrets
8. Term and Termination: Duration of agreement, renewal terms, and termination provisions
9. Warranties and Indemnities: Representations about database ownership, quality, and indemnification provisions
10. General: Standard boilerplate provisions including governing law, jurisdiction, and entire agreement
1. Data Protection: Provisions for handling personal data, compliance with UK GDPR when database contains personal information
2. Service Levels: Performance standards and availability requirements for hosted or maintained databases
3. Territory Restrictions: Geographical limitations on database use and access restrictions
4. Updates and Maintenance: Provisions for database updates, maintenance, and support services if applicable
5. Security Requirements: Specific security measures and protocols for database access and protection
1. Database Description: Technical specifications, content description, and database structure details
2. Licence Fees Schedule: Detailed breakdown of fees, payment terms, and any variable pricing elements
3. Permitted Uses: Comprehensive list of authorized uses, restrictions, and user limitations
4. Service Level Agreement: Detailed performance metrics, standards, and remedies for service failures
5. Security Requirements: Technical and organizational security measures required for database access and protection
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