The Database License Agreement serves as a crucial legal framework for organizations seeking to license database access and usage rights in India. This document is essential when a database owner wishes to grant another party the right to access, use, or integrate their database while maintaining ownership and control. The agreement must comply with Indian legal requirements, including the Information Technology Act, 2000, data protection regulations, and intellectual property laws. It typically includes detailed technical specifications, usage limitations, security requirements, and service level commitments. The Database License Agreement is particularly important in scenarios involving commercial databases, proprietary information systems, or specialized data collections, and should address both technical and commercial aspects of the database licensing relationship while ensuring compliance with Indian regulatory requirements.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement, nature of the database, and purpose of the license
3. Definitions: Detailed definitions of technical terms, database components, and key concepts used in the agreement
4. License Grant: Scope and nature of the license, including permitted uses and territory
5. License Fees and Payment Terms: Financial terms, payment schedule, and billing procedures
6. Access and Usage Rights: Specific rights granted for database access, usage limitations, and user authentication requirements
7. Data Protection and Security: Obligations regarding data security, privacy compliance, and confidentiality measures
8. Technical Requirements: Minimum technical specifications and requirements for database access and operation
9. Service Levels: Performance standards, availability commitments, and maintenance windows
10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
11. Warranties and Disclaimers: Representations about database quality, accuracy, and disclaimer of warranties
12. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Third-Party Access: Terms governing access by third-party contractors or consultants of the licensee
2. Data Migration: Procedures for initial data migration and ongoing data transfers
3. Training and Support: Details of training services and ongoing technical support if provided
4. Disaster Recovery: Specific provisions for backup and recovery procedures
5. Compliance Reporting: Requirements for usage reporting and compliance monitoring
6. Change Management: Procedures for managing changes to database structure or content
7. Exit Management: Detailed procedures for transition upon termination
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the database, including structure, format, and access protocols
2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, usage charges, and payment terms
3. Schedule 3 - Service Level Agreement: Detailed service levels, performance metrics, and remedies for non-compliance
4. Schedule 4 - Security Requirements: Specific security protocols, standards, and compliance requirements
5. Schedule 5 - Authorized Users: List of authorized users or user categories and their access levels
6. Schedule 6 - Support Services: Description of support services, response times, and escalation procedures
7. Appendix A - Data Fields: Comprehensive list of database fields and their descriptions
8. Appendix B - API Documentation: Technical documentation for API access if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
E-commerce
Market Research
Education
Telecommunications
Legal Services
Real Estate
Manufacturing
Insurance
Banking
Consulting Services
Research and Development
Government Services
Relevant Teams
Legal
Information Technology
Compliance
Information Security
Data Management
Procurement
Risk Management
Operations
Technical Support
Business Development
Relevant Roles
Chief Technology Officer
Database Administrator
Legal Counsel
IT Director
Data Protection Officer
Compliance Manager
Information Security Manager
Chief Information Officer
Contract Manager
Technology Procurement Manager
Data Architecture Manager
IT Operations Manager
Risk Manager
Business Development Manager
Technical Project Manager
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