The Database License Agreement is a crucial legal instrument used when an organization wishes to grant controlled access to its proprietary database to another party. This agreement, governed by Irish law, is essential for protecting valuable data assets while enabling their commercial exploitation or shared use. It encompasses comprehensive terms for database access, usage rights, technical requirements, and compliance obligations, particularly under Irish and EU database protection and data privacy laws. The agreement is commonly used in commercial arrangements where structured data access is required, such as research partnerships, commercial data services, or business intelligence solutions. It addresses key aspects including intellectual property rights, data protection, service levels, and usage restrictions, while ensuring compliance with Irish legal requirements including the European Communities (Legal Protection of Databases) Regulations 1997 and the Data Protection Act 2018.
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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 license
3. Definitions: Definitions of key terms including 'Database', 'Licensed Materials', 'Authorized Users', 'Access Methods', and other technical terms
4. Grant of License: Scope of license, permitted uses, and any territorial or user restrictions
5. Access and Authentication: Methods of accessing the database and authentication requirements
6. Usage Restrictions: Specific prohibitions and limitations on database use
7. Intellectual Property Rights: Ownership of database, content, and related intellectual property
8. Fees and Payment: License fees, payment terms, and any usage-based charging mechanisms
9. Security Requirements: Security measures required to protect database access and content
10. Service Levels: Performance standards, availability, and maintenance windows
11. Warranties and Disclaimers: Warranties regarding database content, availability, and accuracy
12. Term and Termination: Duration of license, renewal terms, and termination rights
13. Consequences of Termination: Actions required upon termination, including data deletion or return
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Data Protection: Required when database contains personal data, addressing GDPR compliance and data processing terms
2. Database Updates: Include when database content is regularly updated, specifying update frequency and processes
3. API Access: Required when database access is provided via API, including technical specifications and usage limits
4. Disaster Recovery: Important for business-critical databases, specifying backup and recovery procedures
5. Training and Support: Include when technical support or user training is part of the license
6. Usage Reporting: Required when license includes usage monitoring or reporting requirements
7. Third-Party Content: Include when database incorporates third-party content or requires third-party licenses
8. Export Controls: Required when database content is subject to export control regulations
1. Schedule 1 - Database Description: Detailed description of database content, structure, and technical specifications
2. Schedule 2 - Service Levels: Detailed service level agreements including availability, performance metrics, and remedies
3. Schedule 3 - Fee Schedule: Detailed breakdown of license fees, usage charges, and payment terms
4. Schedule 4 - Technical Requirements: Minimum technical requirements for accessing and using the database
5. Schedule 5 - Support Services: Description of support services, response times, and escalation procedures
6. Appendix A - Authorized Users: List of authorized users or user categories and their access rights
7. Appendix B - Security Standards: Detailed security requirements and compliance standards
8. Appendix C - Data Processing Terms: Detailed data processing terms when personal data is involved
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Education
Research & Development
Government
Telecommunications
Manufacturing
Retail
Professional Services
Media & Entertainment
Pharmaceuticals
Insurance
Real Estate
Energy & Utilities
Relevant Teams
Legal
Information Technology
Data Management
Information Security
Compliance
Procurement
Risk Management
Commercial
Operations
Research & Development
Data Analytics
Technical Operations
Database Administration
Relevant Roles
Legal Counsel
Data Protection Officer
Database Administrator
Chief Technology Officer
Information Security Manager
Compliance Officer
Commercial Director
IT Director
Chief Information Officer
Data Manager
Procurement Manager
Risk Manager
Technology Licensing Manager
Database Architect
Chief Data Officer
Contract Manager
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