The Database License Agreement is essential for organizations seeking to formalize the terms of database access and usage under Swiss law. This document is particularly relevant when a database provider (licensor) grants access to their proprietary database to another party (licensee) for specific purposes. It addresses critical aspects such as data protection compliance under Swiss regulations, technical specifications, usage limitations, and service level commitments. The agreement is commonly used in scenarios involving commercial databases, research datasets, or proprietary information systems, and must comply with Swiss federal laws regarding data protection, intellectual property, and electronic commerce. It's particularly important when the database contains sensitive information, requires specific usage controls, or involves significant commercial value.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the database and its intended use
3. Definitions: Definitions of technical terms, database components, and key contract terminology
4. License Grant: Scope of the license, permitted uses, and any territorial restrictions
5. Access and Authentication: Methods of accessing the database and security requirements
6. Usage Restrictions: Specific limitations on use, prohibited activities, and user restrictions
7. Security and Data Protection: Security requirements and data protection obligations
8. Service Levels: Availability commitments, maintenance windows, and performance metrics
9. Fees and Payment: License fees, payment terms, and any usage-based charging
10. Intellectual Property Rights: IP ownership, protection of database rights, and user-generated content
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal terms, and termination rights
13. Warranties and Disclaimers: Database quality, availability warranties, and limitations
14. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
15. General Provisions: Standard boilerplate including governing law, jurisdiction, and notices
1. Authorized Users: Detailed section defining and limiting authorized users - needed for multi-user or enterprise licenses
2. Data Migration: Terms for initial data loading or migration - include if database requires population with licensee data
3. Training and Support: Details of training and support services - include if offering enhanced support packages
4. Audit Rights: Rights to audit usage and compliance - important for usage-based pricing or high-security requirements
5. Disaster Recovery: Disaster recovery and business continuity terms - include for business-critical databases
6. Change Control: Procedures for changes to database structure or content - needed for dynamic databases
7. Export Control: Export control compliance - include if database contains controlled technical data
8. Third Party Rights: Rights of third parties to access or benefit from the license - include for platform or marketplace scenarios
1. Technical Specification: Detailed technical specifications of the database, including structure, content, and formats
2. Service Level Agreement: Detailed service levels, metrics, and remedies for failure to meet standards
3. Security Requirements: Specific security protocols, standards, and compliance requirements
4. Fee Schedule: Detailed breakdown of fees, charging metrics, and calculation methods
5. Support Services: Description of support services, response times, and escalation procedures
6. Acceptable Use Policy: Detailed rules and restrictions on database usage
7. Data Processing Agreement: Specific terms for processing personal data in compliance with privacy laws
8. Implementation Plan: Timeline and milestones for database implementation and go-live
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Research & Academia
Manufacturing
Retail
Professional Services
Telecommunications
Media & Entertainment
Government & Public Sector
Pharmaceuticals
Insurance
Energy & Utilities
Transportation & Logistics
Relevant Teams
Legal
Information Technology
Data Management
Information Security
Compliance
Procurement
Commercial Operations
Risk Management
Technical Operations
Database Administration
Privacy
Vendor Management
Relevant Roles
Chief Technology Officer
Data Protection Officer
Legal Counsel
IT Director
Database Administrator
Information Security Manager
Compliance Officer
Privacy Officer
Commercial Director
Procurement Manager
Technology Licensing Manager
Chief Information Officer
Data Manager
Contract Manager
IT Security Specialist
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