The Database License Agreement is essential for organizations in the Philippines seeking to formalize the terms of database access and usage. This document is particularly relevant when a database owner (licensor) wants to grant another party (licensee) rights to access and use their proprietary database while maintaining ownership and control. The agreement must comply with Philippine regulations, particularly the Data Privacy Act of 2012 and the Intellectual Property Code, while addressing practical aspects such as access rights, usage limitations, security requirements, and service levels. It's commonly used in commercial, academic, and government sectors where structured data access and sharing are required while protecting intellectual property rights and ensuring data privacy compliance.
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1. Parties: Identifies and provides details of the licensor and licensee, including their legal status and registered addresses
2. Background: Explains the context of the agreement, describes the database, and outlines the purpose of the licensing arrangement
3. Definitions: Defines key terms used throughout the agreement, including technical terms related to the database
4. Grant of License: Specifies the scope, nature, and type of license granted (e.g., exclusive/non-exclusive, territorial limits)
5. License Fees and Payment Terms: Details the licensing fees, payment schedule, and related financial terms
6. Access and Usage Rights: Specifies how the licensee can access and use the database, including any technical requirements
7. Data Protection and Security: Outlines compliance requirements with the Data Privacy Act and security measures for database access
8. Intellectual Property Rights: Confirms the licensor's ownership and protects IP rights in accordance with Philippine IP Code
9. Confidentiality: Establishes obligations regarding confidential information and trade secrets
10. Term and Termination: Specifies the duration of the agreement and conditions for termination
11. Warranties and Representations: States the warranties provided regarding the database and disclaimers
12. Limitation of Liability: Defines the extent and limitations of each party's liability
13. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for disputes
14. General Provisions: Includes standard boilerplate clauses like force majeure, severability, and entire agreement
1. Service Levels: Defines specific performance metrics and service levels for database availability and support, recommended for enterprise-level agreements
2. Training and Support: Details any training or technical support services provided, useful when offering comprehensive service packages
3. Data Migration: Outlines procedures for initial data migration or transfer, relevant when the agreement includes data transfer services
4. Disaster Recovery: Specifies disaster recovery and business continuity procedures, important for critical database systems
5. Audit Rights: Grants rights to audit database usage and compliance, recommended for high-value or sensitive databases
6. Sub-licensing Rights: Defines terms for sub-licensing if permitted, relevant when licensee needs to extend access to third parties
7. Export Control: Addresses export control regulations, necessary when database access crosses international borders
1. Schedule 1 - Database Description: Detailed technical specification of the database, including content, structure, and format
2. Schedule 2 - Service Level Agreement: Detailed metrics for database availability, performance, and support response times
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, including license fees, maintenance fees, and usage-based charges
4. Schedule 4 - Technical Requirements: Specifications for hardware, software, and network requirements for database access
5. Schedule 5 - Security Protocol: Detailed security requirements and procedures for database access and protection
6. Schedule 6 - Authorized Users: List of authorized users or user categories and their access levels
7. Appendix A - Data Processing Agreement: Specific terms for compliance with data protection laws when processing personal data
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
Research & Development
Government
Telecommunications
E-commerce
Professional Services
Banking
Insurance
Pharmaceuticals
Market Research
Legal Services
Consulting
Relevant Teams
Legal
Information Technology
Compliance
Information Security
Data Management
Procurement
Risk Management
Business Development
Operations
Finance
Relevant Roles
Chief Technology Officer
Data Protection Officer
Legal Counsel
IT Director
Database Administrator
Compliance Manager
Information Security Manager
Procurement Manager
Contract Manager
Business Development Manager
Chief Information Officer
Privacy Officer
Risk Manager
IT Project Manager
Software Licensing Manager
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