The Database License Agreement is a crucial legal instrument used when an organization needs to provide or obtain licensed access to a proprietary database. This agreement type is particularly relevant in Hong Kong's data-driven business environment, where it must comply with local regulations including the Personal Data (Privacy) Ordinance and Electronic Transactions Ordinance. The document establishes the commercial and technical framework for database access, covering critical aspects such as usage scope, service levels, security requirements, and compliance obligations. It's essential for businesses handling data assets, particularly in regulated industries, and should be customized based on the database type, intended use, and specific compliance requirements under Hong Kong law.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the database, and general purpose of the license
3. Definitions: Key terms used throughout the agreement including Database, Licensed Materials, Authorized Users, etc.
4. Grant of License: Scope of license, permitted uses, and any territorial restrictions
5. License Restrictions: Specific prohibitions and limitations on use of the database
6. Access and Authentication: Technical methods for accessing the database and user authentication requirements
7. Service Levels: Availability commitments, maintenance windows, and performance metrics
8. Fees and Payment: License fees, payment terms, and any usage-based charging mechanisms
9. Data Protection and Security: Security requirements, data handling obligations, and privacy compliance
10. Intellectual Property Rights: Ownership of database, content, and derivative works
11. Warranties and Disclaimers: Representations about database accuracy, availability, and quality
12. Liability and Indemnification: Limitations of liability and mutual indemnification obligations
13. Term and Termination: Duration of agreement, renewal terms, and termination rights
14. Post-Termination Obligations: Actions required after termination including data return or destruction
15. General Provisions: Standard boilerplate including governing law, notices, and assignment
1. Professional Services: Include when implementation, training, or consulting services are part of the arrangement
2. Content Updates: Include when the database requires regular updates or maintenance of content
3. Third Party Access: Include when subsidiaries, affiliates, or contractors need database access
4. Disaster Recovery: Include for business-critical databases requiring specific recovery commitments
5. Export Control: Include when database contains controlled technical data or international access is involved
6. Competition Law Compliance: Include when exclusive arrangements or market-sensitive data is involved
7. Source Code Escrow: Include when access to database source code needs to be protected via escrow
8. Training and Support: Include when specific training or support services are part of the agreement
1. Schedule 1 - Database Description: Detailed technical description of the database, its contents, and functionality
2. Schedule 2 - Service Level Agreement: Detailed performance metrics, support response times, and remedies
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, usage charges, and payment terms
4. Schedule 4 - Technical Requirements: Hardware, software, and network requirements for database access
5. Schedule 5 - Security Requirements: Detailed security protocols, standards, and compliance requirements
6. Schedule 6 - Authorized User Categories: Definition and categories of permitted users and access levels
7. Appendix A - Data Processing Agreement: Detailed terms for processing personal data in compliance with privacy laws
8. Appendix B - Support and Maintenance Terms: Detailed support services, maintenance windows, and escalation procedures
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Research & Development
Publishing
Professional Services
Government
Telecommunications
Manufacturing
Retail
Biotechnology
Market Research
Legal Services
Relevant Teams
Legal
Information Technology
Information Security
Procurement
Compliance
Risk Management
Research & Development
Data Science
Enterprise Architecture
Commercial Operations
Technical Operations
Information Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
Data Protection Officer
Legal Counsel
IT Director
Database Administrator
Compliance Manager
Information Security Manager
Procurement Manager
Contract Manager
Technology Licensing Manager
Data Science Manager
Research Director
Commercial Director
Risk Manager
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