The Database License Agreement is essential for organizations providing or accessing databases in Canada, whether for commercial, research, or operational purposes. This agreement type is crucial when a database provider wishes to grant access to their proprietary database while maintaining control over its use and protecting their intellectual property rights. It must comply with Canadian federal and provincial legislation, including the Copyright Act, PIPEDA, and relevant provincial privacy laws. The agreement is particularly important given Canada's strict data protection requirements and the need to address both common law and civil law considerations (especially for Quebec-based parties). It should cover all aspects of the database relationship, from technical specifications to user obligations, while ensuring compliance with Canadian contract law principles.
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1. Parties: Identification of licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the database, and general purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of license, permitted uses, and any territorial restrictions
5. License Restrictions: Specific prohibitions and limitations on database use
6. Access and Authentication: Methods of accessing the database and user authentication requirements
7. Data Protection and Security: Security requirements, data handling procedures, and compliance obligations
8. Service Levels: Availability, performance metrics, and maintenance windows
9. Fees and Payment: License fees, payment terms, and billing procedures
10. Term and Termination: Duration, renewal terms, and termination rights
11. Warranties and Disclaimers: Warranties regarding database accuracy, availability, and performance
12. Intellectual Property Rights: Ownership of database, content, and derivative works
13. Confidentiality: Protection of confidential information and trade secrets
14. Limitation of Liability: Caps on liability and exclusions of certain types of damages
15. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Professional Services: Terms for additional services such as implementation, training, or customization
2. Data Migration: Terms governing the transfer of existing data into the licensed database
3. Personal Data Processing: Detailed terms for handling personal data when the database contains such information
4. Disaster Recovery: Additional provisions for backup and recovery procedures
5. Export Controls: Provisions dealing with cross-border data transfers and compliance
6. Third-Party Access: Terms governing access by contractors or affiliates
7. Usage Monitoring: Terms regarding tracking and reporting of database usage
8. Change Control: Procedures for managing changes to the database or terms of access
1. Schedule A - Technical Specifications: Detailed technical requirements, supported platforms, and integration specifications
2. Schedule B - Service Level Agreement: Detailed service levels, support hours, and response times
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, including usage tiers and optional services
4. Schedule D - Authorized Users: Definition and list of authorized users or user categories
5. Schedule E - Security Requirements: Detailed security protocols and compliance requirements
6. Schedule F - Data Fields: Description of database structure and available data fields
7. Appendix 1 - Acceptable Use Policy: Detailed rules and guidelines for database usage
8. Appendix 2 - Support Procedures: Detailed procedures for accessing technical support and reporting issues
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