The Data License Agreement serves as a crucial legal instrument for organizations engaging in data sharing or commercialization within the Indian legal framework. This document is essential when one party (the licensor) grants another party (the licensee) rights to access, use, or process specific data sets while maintaining ownership and control over the data. It becomes particularly relevant in scenarios involving commercial data sharing, database access, or data monetization. The agreement must comply with Indian regulations, particularly the Information Technology Act, 2000, and associated data protection rules, while addressing concerns about data security, privacy, and intellectual property rights. This document type is increasingly important as organizations across sectors rely more heavily on data-driven decision making and operations.
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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 data, and general purpose of the license
3. Definitions: Definitions of key terms including Licensed Data, Permitted Purpose, Authorized Users, etc.
4. License Grant: Scope of the license, permitted uses, and any territorial restrictions
5. License Fees and Payment Terms: Financial terms, payment schedule, and invoicing requirements
6. Data Delivery and Format: Specifications for how and when the data will be delivered, including format requirements
7. Data Protection and Security: Obligations regarding data security, privacy protection, and compliance with Indian data protection laws
8. Confidentiality: Provisions for maintaining confidentiality of the data and other proprietary information
9. Representations and Warranties: Warranties regarding data quality, accuracy, and rights to license
10. Limitation of Liability: Limitations on liability and provisions for indemnification
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. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Audit Rights: Rights to audit licensee's use of data, recommended for high-value or sensitive data licenses
2. Data Updates: Terms for providing updates to the licensed data, if applicable
3. Sub-licensing Rights: Terms permitting or prohibiting sub-licensing, if relevant to the business model
4. Service Levels: Service level commitments for data availability and quality, relevant for real-time or API-based data access
5. Export Control: Provisions regarding export control compliance, necessary for international data transfers
6. Disaster Recovery: Requirements for backup and disaster recovery, important for business-critical data
7. Change Control: Process for managing changes to data format or delivery mechanisms
8. Competition Restrictions: Non-compete or market restrictions, if necessary and compliant with competition law
1. Schedule 1 - Licensed Data Description: Detailed description of the licensed data, including fields, format, and specifications
2. Schedule 2 - License Fees: Detailed breakdown of license fees, payment terms, and calculation methods
3. Schedule 3 - Technical Requirements: Technical specifications for data delivery, API requirements, or interface specifications
4. Schedule 4 - Security Requirements: Detailed security protocols and requirements for data handling
5. Schedule 5 - Service Levels: Detailed service level agreements and metrics, if applicable
6. Appendix A - Authorized Users: List of authorized users or user categories permitted to access the data
7. Appendix B - Permitted Purpose: Detailed description of permitted uses and use cases for the licensed data
8. Appendix C - Data Processing Requirements: Specific requirements for data processing in compliance with Indian law
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