The Database License Agreement is essential for organizations seeking to formalize the terms under which a database is licensed and accessed. This agreement, governed by New Zealand law, is particularly crucial in today's data-driven business environment where structured access to databases is fundamental to many operations. It serves to protect both the database provider's intellectual property rights and the licensee's interests by clearly defining usage rights, technical specifications, and compliance requirements. The document addresses key aspects including data protection under the Privacy Act 2020, copyright protection under the New Zealand Copyright Act 1994, and general contractual obligations under the Contract and Commercial Law Act 2017. It is commonly used when organizations need to license databases for research, commercial use, academic purposes, or internal operations.
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1. Parties: Identification of the licensor and licensee, including full legal names and registered addresses
2. Background: Context of the agreement, nature of the database, and general purpose of the licensing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including technical terms specific to database usage
4. License Grant: Scope of the license, including permitted uses, access methods, and any territorial restrictions
5. License Fees and Payment Terms: Financial terms, payment schedule, and any usage-based pricing mechanisms
6. Access and Authentication: Technical requirements for accessing the database, including authentication methods and security protocols
7. Usage Restrictions: Specific limitations on use, prohibited activities, and any restrictions on data extraction or redistribution
8. Intellectual Property Rights: Ownership of database content, structure, and related intellectual property
9. Confidentiality: Protection of confidential information, including database content and access credentials
10. Data Protection and Privacy: Obligations regarding personal data handling and privacy compliance
11. Term and Termination: Duration of the agreement, renewal terms, and termination rights
12. Warranties and Disclaimers: Representations about database quality, accuracy, and availability
13. Liability and Indemnification: Limitations of liability and indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law, dispute resolution, and entire agreement
1. Service Levels: Specific performance standards and availability commitments, used when service level guarantees are required
2. Data Updates and Maintenance: Terms regarding database updates and maintenance schedules, relevant for dynamic databases
3. Training and Support: Details of technical support and training services, included when these services are part of the offering
4. Disaster Recovery: Backup and recovery procedures, important for business-critical databases
5. API Access: Terms specific to API usage and integration, needed when API access is provided
6. Sub-licensing Rights: Terms governing the licensee's right to sub-license, included when sub-licensing is permitted
7. Export Controls: Compliance with export control laws, necessary for international licensing
8. Audit Rights: Terms allowing the licensor to audit usage, important for usage-based licensing models
1. Schedule 1 - Technical Specifications: Detailed technical requirements, access methods, and system compatibility requirements
2. Schedule 2 - Pricing and Payment Schedule: Detailed fee structure, payment terms, and any usage-based pricing calculations
3. Schedule 3 - Service Level Agreement: Specific performance metrics, availability commitments, and remedies for non-compliance
4. Schedule 4 - Support Services: Description of support services, response times, and escalation procedures
5. Schedule 5 - Authorized Users: Definition and list of authorized users or user categories
6. Schedule 6 - Data Security Requirements: Specific security protocols and requirements for data protection
7. Appendix A - Acceptable Use Policy: Detailed rules and guidelines for acceptable database usage
8. Appendix B - Data Processing Agreement: Specific terms for processing personal data, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Research and Development
Legal Services
Government
Telecommunications
Media and Publishing
Biotechnology
Market Research
Real Estate
Insurance
Professional Services
Relevant Teams
Legal
Information Technology
Compliance
Data Management
Information Security
Procurement
Research and Development
Risk Management
Operations
Technical Support
Relevant Roles
Chief Technology Officer
Legal Counsel
Data Protection Officer
IT Manager
Database Administrator
Compliance Officer
Information Security Manager
Procurement Manager
Contract Manager
Research Director
Chief Information Officer
Data Scientist
Legal Operations Manager
Risk Manager
Technology Procurement Specialist
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