The Database License Agreement is essential for organizations seeking to formalize the terms under which proprietary databases can be accessed and utilized. This agreement is particularly crucial in the United States context, where database rights are primarily protected through copyright law and contractual mechanisms, unlike jurisdictions with sui generis database rights. It should be used whenever a database owner wishes to grant access to their database while maintaining control over its use and protecting their intellectual property rights. The agreement typically covers database access methods, permitted uses, technical requirements, security measures, and update procedures. It's especially relevant for situations involving commercial databases, research data, or proprietary information collections, and must comply with U.S. federal and state regulations regarding data protection, privacy, and sector-specific requirements.
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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 license
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Database', 'Licensed Materials', 'Intellectual Property Rights', etc.
4. Grant of License: Scope of the license, including permitted uses, territory, and whether exclusive or non-exclusive
5. License Restrictions: Specific restrictions on use of the database, including prohibited activities and sublicensing limitations
6. Term and Termination: Duration of the license, renewal terms, and circumstances for termination
7. Fees and Payment: License fees, payment terms, and any ongoing maintenance fees
8. Data Protection and Security: Obligations regarding data security, confidentiality, and compliance with data protection laws
9. Intellectual Property Rights: Ownership of IP rights in the database and any derivative works
10. Warranties and Disclaimers: Warranties regarding database accuracy, availability, and disclaimer of liabilities
11. Indemnification: Mutual indemnification obligations for breaches and third-party claims
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Service Levels: Include when specific performance metrics for database availability and updates are required
2. Personal Data Processing: Required when the database contains personal data, detailing GDPR or other privacy law compliance
3. Technical Support: Include when ongoing technical support and maintenance services are part of the agreement
4. Database Updates: When regular updates to the database content are part of the service
5. Audit Rights: Include when the licensor needs rights to audit licensee's use of the database
6. Export Control: Required when the database contains data subject to export control regulations
7. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical
8. Change Control: When formal procedures for changes to the database or terms are needed
1. Database Specification: Technical specifications of the database, including content, structure, and format
2. Pricing Schedule: Detailed breakdown of license fees, usage charges, and payment terms
3. Service Level Agreement: Detailed metrics for database availability, performance, and support response times
4. Security Requirements: Specific security standards and protocols to be maintained
5. Authorized Users: List of authorized users or user categories and their access rights
6. Acceptable Use Policy: Detailed rules and guidelines for acceptable use of the database
7. Data Processing Requirements: Specific requirements for processing personal data if applicable
8. Migration Plan: Details of any data migration process and responsibilities
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