This Data License Agreement template is designed for use in Switzerland when one organization wishes to license data to another entity while maintaining appropriate controls over its use and ensuring compliance with Swiss regulations. The agreement is particularly relevant in today's data-driven economy where organizations increasingly need to share, license, and monetize data assets while ensuring compliance with the Swiss Federal Act on Data Protection (FADP/DSG) and related regulations. It provides a comprehensive framework for data licensing transactions, covering essential aspects such as usage rights, data protection obligations, security requirements, and commercial terms. This template is especially valuable for organizations dealing with valuable datasets, proprietary information, or personal data that requires careful handling and protection under Swiss law.
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1. Parties: Identification of the Data Licensor and Data Licensee with full legal names and addresses
2. Background: Context of the agreement, nature of the data, and purpose of the licensing arrangement
3. Definitions: Key terms including 'Data', 'Licensed Rights', 'Permitted Purpose', 'Confidential Information', 'Intellectual Property Rights'
4. Grant of License: Scope of the license, permitted uses, and any territorial or time limitations
5. License Fees and Payment Terms: Financial terms, payment schedule, and any usage-based fee calculations
6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format and technical requirements
7. Data Protection and Security: Obligations regarding data security, privacy compliance, and technical security measures
8. Confidentiality: Obligations regarding the protection of confidential information and trade secrets
9. Warranties and Representations: Guarantees regarding data quality, accuracy, and rights to license
10. Limitation of Liability: Limitations on parties' liability and any exclusions from limitation
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Post-Termination Obligations: Requirements after agreement ends, including data deletion or return
13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Data Updates and Maintenance: Include when the license involves ongoing data updates or maintenance services
2. Audit Rights: Include when licensor requires rights to audit licensee's use of the data
3. Sub-licensing Rights: Include when licensee is permitted to sub-license the data to third parties
4. Performance Metrics: Include when the agreement includes specific service levels or performance requirements
5. Data Quality Standards: Include when specific quality standards or metrics need to be maintained
6. Integration Services: Include when the licensor provides additional services for data integration
7. Training and Support: Include when the agreement includes training or support services
1. Schedule 1 - Licensed Data Description: Detailed technical description of the licensed data, including structure, fields, and formats
2. Schedule 2 - Fee Schedule: Detailed breakdown of license fees, payment terms, and any variable pricing elements
3. Schedule 3 - Technical Requirements: Technical specifications for data delivery, storage, and processing
4. Schedule 4 - Security Requirements: Detailed security protocols and requirements for data handling
5. Schedule 5 - Service Levels: Performance metrics and service level commitments if applicable
6. Appendix A - Data Processing Terms: Specific terms for processing personal data in compliance with FADP
7. Appendix B - Acceptable Use Policy: Detailed guidelines for permitted and prohibited uses of the licensed data
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