The Database License Agreement is essential for organizations seeking to formalize the terms under which a database can be accessed and used under German law. This document is particularly relevant when a database owner or provider wishes to grant controlled access to their database while protecting their intellectual property rights and ensuring compliance with German and EU regulations. The agreement addresses critical aspects such as usage scope, technical access requirements, data protection measures, and service levels. It is specifically designed to comply with German database protection laws, including the sui generis database rights under the German Copyright Act, while also incorporating necessary GDPR compliance measures. The Database License Agreement is commonly used in commercial arrangements where structured data access is crucial for business operations, research, or service delivery.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the database, and general purpose of the licensing arrangement
3. Definitions: Detailed definitions of technical terms, database-specific terminology, and key concepts used throughout the agreement
4. License Grant: Scope of the license, permitted uses, access rights, and any territorial or user limitations
5. License Fees: Payment terms, fee structure, payment schedule, and any variable pricing elements
6. Access and Authentication: Technical requirements for database access, authentication methods, and security protocols
7. Usage Restrictions: Specific prohibitions, limitations on use, and restrictions on sublicensing or transfer
8. Data Protection and Security: GDPR compliance measures, data security requirements, and data processing terms
9. Service Levels: Database availability, performance standards, and maintenance windows
10. Intellectual Property Rights: Ownership of database content, structure, and derivative works
11. Warranties and Indemnities: Quality guarantees, data accuracy warranties, and related indemnification provisions
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Post-Termination Obligations: Data return or deletion requirements, transition assistance, and surviving provisions
1. Integration Services: Terms governing database integration with licensee's systems, if technical integration services are required
2. Training: Provisions for user training and support, if training services are included
3. Custom Development: Terms for custom database modifications or development work, if customization is part of the agreement
4. Content Updates: Procedures and terms for database content updates, if regular updates are part of the service
5. Disaster Recovery: Special provisions for backup and recovery procedures, if enhanced disaster recovery is required
6. Export Control: Specific provisions regarding export restrictions, if the database contains export-controlled data
7. Competition Restrictions: Non-compete clauses and competitive use restrictions, if applicable to the business relationship
1. Technical Specifications: Detailed technical requirements, database structure, and access protocols
2. Service Level Agreement: Detailed performance metrics, availability requirements, and remedy mechanisms
3. Fee Schedule: Detailed breakdown of all fees, including usage-based pricing if applicable
4. Security Requirements: Specific security protocols, standards, and compliance requirements
5. Authorized Users: List of authorized users or user categories and their access levels
6. Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Support Services: Details of technical support, maintenance, and help desk services
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Research & Development
Education
Market Research
Publishing
Professional Services
Biotechnology
Manufacturing
Telecommunications
Insurance
Legal Services
Real Estate
E-commerce
Relevant Teams
Legal
Information Technology
Data Management
Compliance
Information Security
Procurement
Research & Development
Business Development
Risk Management
Operations
Relevant Roles
Chief Technology Officer
Legal Counsel
Data Protection Officer
IT Director
Database Administrator
Compliance Manager
Information Security Manager
Chief Information Officer
Procurement Manager
Contract Manager
Chief Legal Officer
Technology Licensing Manager
Data Science Director
Research Director
Business Development Manager
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