The Database License Agreement is essential for organizations seeking to formalize the terms under which their databases can be accessed and used by third parties under Dutch law. This document is particularly crucial given the Netherlands' specific database rights protection regime, which implements EU Database Directive requirements. It should be used when a database owner wants to grant access rights while maintaining control over their valuable data assets. The agreement covers critical aspects such as scope of use, technical access requirements, security protocols, and compliance with both Dutch and EU regulations. It's especially relevant for databases that have required substantial investment in obtaining, verifying, or presenting their contents, as these qualify for sui generis protection under Dutch law.
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1. Parties: Identification of the licensor and licensee, including full legal names, registration details, and addresses
2. Background: Context of the agreement, nature of the database, and general purpose of the license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Database', 'Licensed Rights', 'Authorized Users', etc.
4. Grant of License: Scope of the license, permitted uses, and any territorial restrictions
5. License Restrictions: Specific prohibitions and limitations on database use
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. Access and Authentication: Technical requirements for accessing the database and authentication methods
8. Fees and Payment: License fees, payment terms, and any additional charges
9. Protection of Database Rights: Acknowledgment of intellectual property rights and database rights
10. Warranties and Disclaimers: Warranties regarding database content, availability, and accuracy
11. Confidentiality: Protection of confidential information related to the database and its contents
12. Data Protection and Security: Compliance with data protection laws and security requirements
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Service Levels: Include when specific uptime guarantees or performance metrics are required for database availability
2. Updates and Maintenance: Include when regular database updates or maintenance services are part of the agreement
3. Training and Support: Include when technical support or user training is provided as part of the license
4. Export Controls: Include when the database contains content subject to export control regulations
5. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical
6. Audit Rights: Include when the licensor requires rights to audit licensee's use of the database
7. Third-Party Access: Include when subsidiaries, contractors, or other third parties need access rights
8. Competition Law Compliance: Include when the database contains commercially sensitive information
9. Migration Assistance: Include when end-of-term data migration support may be needed
1. Schedule 1 - Database Description: Detailed technical description of the database, its contents, and format
2. Schedule 2 - Commercial Terms: Detailed fee structure, payment schedules, and pricing models
3. Schedule 3 - Technical Requirements: Hardware, software, and network requirements for database access
4. Schedule 4 - Service Levels: Detailed performance metrics, availability targets, and support response times
5. Schedule 5 - Security Requirements: Specific security protocols, standards, and compliance requirements
6. Schedule 6 - Authorized Users: Definition and categories of authorized users and access levels
7. Schedule 7 - Data Processing Terms: GDPR-compliant data processing terms if personal data is involved
8. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for database usage
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Research & Development
Publishing
Market Research
Biotechnology
Legal Services
Telecommunications
Government
Consulting
Pharmaceuticals
Manufacturing
Energy
Relevant Teams
Legal
Information Technology
Data Management
Compliance
Information Security
Risk Management
Commercial
Privacy
Operations
Research & Development
Technical Operations
Product Development
Relevant Roles
Legal Counsel
Data Protection Officer
IT Director
Chief Technology Officer
Database Administrator
Compliance Manager
Information Security Manager
Contract Manager
Risk Manager
Privacy Officer
Commercial Director
Chief Information Officer
Legal Operations Manager
Technology Licensing Manager
Data Governance Manager
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Organizational security:
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