This Data Licence Agreement is designed for use in New Zealand when one party wishes to grant another party rights to access and use specific data sets or databases. It is particularly relevant in today's data-driven economy where organizations increasingly rely on external data sources for business operations, analytics, or service delivery. The agreement addresses key requirements under New Zealand law, including compliance with the Privacy Act 2020, Copyright Act 1994, and Contract and Commercial Law Act 2017. It provides a robust framework for managing data sharing arrangements while protecting both parties' interests through clear terms on usage rights, restrictions, data protection, and commercial considerations. This template is suitable for various data licensing scenarios, from simple one-off data transfers to ongoing data service arrangements.
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1. Parties: Identifies and provides details of the licensor and licensee
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Licence: Specifies the scope and nature of the licence granted, including permitted uses of the data
5. Licence Fees and Payment Terms: Details the financial terms, payment schedule, and any usage-based pricing
6. Data Delivery and Format: Specifies how and when the data will be delivered, and in what format
7. Use Restrictions: Outlines prohibited uses and any territorial or other restrictions on data usage
8. Data Quality and Updates: Addresses data quality standards and how updates or modifications will be handled
9. Intellectual Property Rights: Clarifies ownership of IP rights in the data and any derived works
10. Confidentiality: Sets out obligations regarding confidential information
11. Privacy and Data Protection: Addresses compliance with privacy laws and data protection requirements
12. Term and Termination: Specifies the duration of the licence and termination rights
13. Warranties and Disclaimers: Sets out warranties regarding the data and any disclaimers
14. Liability and Indemnification: Addresses limitation of liability and indemnification obligations
15. General Provisions: Includes standard boilerplate clauses such as governing law, dispute resolution, and assignment
1. Security Requirements: Detailed security measures required for data storage and transmission - include when handling sensitive data
2. Audit Rights: Rights to audit licensee's use of data - include for high-value or sensitive data licences
3. Data Migration: Procedures for migrating data at the start or end of the licence - include for complex data sets
4. Service Levels: Performance standards for data delivery and availability - include for real-time or critical data feeds
5. Sub-licensing Rights: Terms for sub-licensing the data to third parties - include when sub-licensing is permitted
6. Geographic Restrictions: Specific territorial limitations - include when data usage is geographically restricted
7. Export Control: Export control compliance requirements - include when data may be subject to export regulations
8. Disaster Recovery: Disaster recovery and business continuity requirements - include for business-critical data
1. Data Description and Specifications: Detailed technical specifications of the licensed data, including format, fields, and structure
2. Pricing Schedule: Detailed breakdown of fees, including any variable pricing elements
3. Service Level Agreement: Specific performance metrics and service levels for data delivery
4. Security Standards: Detailed security requirements and compliance standards
5. Approved Sub-processors: List of approved sub-processors or third parties who may process the data
6. Data Processing Requirements: Specific requirements for data processing, including any jurisdictional requirements
7. Technical Integration Specifications: Technical details for data integration and APIs
8. Acceptable Use Policy: Detailed policies regarding acceptable use of the licensed data
Relevant legal definitions
Aggregated Data
Authorised Users
Business Day
Confidential Information
Data
Data Format
Data Protection Laws
Data Quality Standards
Data Security Requirements
Data Services
Data Set
Derived Data
Documentation
Effective Date
Fee Schedule
Force Majeure Event
GDPR
Intellectual Property Rights
Licence
Licence Fee
Licensed Purpose
Metadata
Personal Information
Privacy Act
Processing
Raw Data
Security Breach
Service Levels
Source Data
Specification
Sub-processor
Term
Territory
Third Party Data
Updates
Usage Reports
User Access Controls
Working Hours
Authorised Users
Business Day
Confidential Information
Data
Data Format
Data Protection Laws
Data Quality Standards
Data Security Requirements
Data Services
Data Set
Derived Data
Documentation
Effective Date
Fee Schedule
Force Majeure Event
GDPR
Intellectual Property Rights
Licence
Licence Fee
Licensed Purpose
Metadata
Personal Information
Privacy Act
Processing
Raw Data
Security Breach
Service Levels
Source Data
Specification
Sub-processor
Term
Territory
Third Party Data
Updates
Usage Reports
User Access Controls
Working Hours
Clauses
Licence Grant
Payment
Data Protection
Data Security
Privacy
Confidentiality
Intellectual Property
Usage Rights
Access Rights
Restrictions
Service Levels
Quality Standards
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Sub-licensing
Audit Rights
Compliance
Dispute Resolution
Governing Law
Data Delivery
Updates and Maintenance
Technical Requirements
Security Breach
Insurance
Export Control
Anti-corruption
Notices
Entire Agreement
Variation
Severability
Third Party Rights
Payment
Data Protection
Data Security
Privacy
Confidentiality
Intellectual Property
Usage Rights
Access Rights
Restrictions
Service Levels
Quality Standards
Warranties
Indemnification
Limitation of Liability
Term and Termination
Force Majeure
Assignment
Sub-licensing
Audit Rights
Compliance
Dispute Resolution
Governing Law
Data Delivery
Updates and Maintenance
Technical Requirements
Security Breach
Insurance
Export Control
Anti-corruption
Notices
Entire Agreement
Variation
Severability
Third Party Rights
Relevant Industries
Technology
Financial Services
Healthcare
Research and Academia
Government and Public Sector
Market Research
Telecommunications
Insurance
Real Estate
Environmental Services
Retail
Manufacturing
Professional Services
Media and Entertainment
Relevant Teams
Legal
Data Analytics
Information Technology
Privacy and Compliance
Information Security
Risk Management
Commercial Operations
Research and Development
Digital Innovation
Product Development
Business Intelligence
Data Governance
Enterprise Architecture
Relevant Roles
Chief Data Officer
Data Protection Officer
Legal Counsel
Privacy Manager
Commercial Manager
Data Scientist
Business Intelligence Manager
Information Security Manager
Compliance Officer
Risk Manager
IT Director
Chief Technology Officer
Data Architect
Database Administrator
Product Manager
Innovation Manager
Digital Transformation Lead
Research Director
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