The Data License Agreement is essential for organizations engaged in data sharing, licensing, or commercialization under German jurisdiction. It is particularly relevant in today's data-driven economy where the exchange of valuable data assets requires clear legal frameworks. This document is used when one party (the licensor) wishes to grant another party (the licensee) rights to use specific data sets while maintaining control over intellectual property and ensuring compliance with German and EU regulations, including GDPR and database rights. The agreement covers crucial elements such as permitted uses, territorial restrictions, data quality standards, security requirements, and commercial terms. It's designed to protect both parties' interests while facilitating legal and efficient data exchange in compliance with German law.
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1. Parties: Identification of the data licensor and licensee with full legal details
2. Background: Context of the agreement, nature of the data, and purpose of the licensing arrangement
3. Definitions: Detailed definitions including 'Licensed Data', 'Intellectual Property Rights', 'Permitted Purpose', 'Authorized Users', and other key terms
4. Grant of License: Scope of license, permitted uses, and any territorial or time limitations
5. License Restrictions: Explicit restrictions on data use, redistribution, and sublicensing
6. Data Delivery and Format: Specifications for data delivery, format, and any technical requirements
7. Fees and Payment Terms: License fees, payment schedule, and related financial terms
8. Data Protection and Security: GDPR compliance measures and data security requirements
9. Intellectual Property Rights: Ownership of data, database rights, and derived data
10. Warranties and Representations: Warranties regarding data quality, accuracy, and rights to license
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration, renewal, and termination provisions
14. Post-Termination Obligations: Requirements after agreement termination, including data deletion
15. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Service Levels: Specific service level agreements for data availability and updates - include when dealing with real-time or regularly updated data
2. Data Quality Standards: Detailed quality metrics and standards - include for critical or high-value data
3. Audit Rights: Rights to audit licensee's use of data - include for high-value or sensitive data
4. Data Migration: Provisions for data migration or format changes - include when regular technical changes are expected
5. Third-Party Rights: Provisions regarding third-party beneficiaries or rights - include when third parties may have rights in the data
6. Competition Law Compliance: Specific competition law provisions - include for exclusive licensing or market-sensitive data
7. Ethical Use Provisions: Guidelines for ethical data use - include for sensitive or personal data
8. Export Control: Export control provisions - include for international data transfers
1. Schedule 1 - Licensed Data Description: Detailed technical description of the licensed data, including format, fields, and structure
2. Schedule 2 - License Fees: Detailed fee structure, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications for data access, transfer, and usage
4. Schedule 4 - Service Levels: Detailed service level requirements and metrics
5. Schedule 5 - Security Requirements: Specific security measures and protocols required
6. Schedule 6 - Approved Subcontractors: List of approved subcontractors or processors, if applicable
7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms if personal data is involved
8. Appendix B - Acceptable Use Policy: Detailed guidelines for acceptable use of the licensed data
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Telecommunications
Market Research
Analytics
Artificial Intelligence
Machine Learning
Scientific Research
Academic Research
Public Sector
Manufacturing
Retail
Transportation
Energy
Environmental Services
Media and Entertainment
Professional Services
Insurance
Real Estate
Relevant Teams
Legal
Compliance
Data Protection
Information Technology
Information Security
Data Science
Research and Development
Business Development
Commercial
Risk Management
Operations
Innovation
Data Governance
Privacy
Intellectual Property
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
Privacy Counsel
Commercial Director
Chief Technology Officer
Data Manager
Information Security Manager
Compliance Officer
Contract Manager
Business Development Manager
Data Scientist
Research Director
Technology Director
Innovation Manager
Risk Manager
Data Governance Manager
IP Counsel
Privacy Manager
Operations Director
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