The Database License Agreement is a crucial legal instrument used when an organization wants to grant controlled access to its proprietary database to another party. This agreement is particularly important in Pakistan's growing digital economy, where data sharing and access need to be carefully regulated. The document addresses key aspects required under Pakistani law, including intellectual property protection under the Copyright Ordinance 1962 and digital transaction requirements under the Electronic Transactions Ordinance 2002. The Database License Agreement typically includes detailed provisions on access rights, usage limitations, security requirements, and compliance obligations, making it essential for organizations engaging in data sharing or commercialization of database access. It's designed to protect the interests of both the database owner and the licensee while ensuring compliance with relevant Pakistani legislation and industry standards.
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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 database, and general purpose of the licensing arrangement
3. Definitions: Detailed definitions of technical terms, database components, and key concepts used throughout the agreement
4. Grant of License: Scope of the license, permitted uses, and any territorial or user limitations
5. License Fees and Payment Terms: Financial terms, payment schedule, and any usage-based pricing mechanisms
6. Access and Security: Technical requirements for database access, security protocols, and user authentication measures
7. Use Restrictions: Specific limitations on database usage, prohibited activities, and user obligations
8. Intellectual Property Rights: Ownership of database content, associated IP rights, and protection measures
9. Confidentiality: Protection of confidential information and data security requirements
10. Term and Termination: Duration of the license, renewal terms, and termination conditions
11. Warranties and Disclaimers: Guarantees regarding database content, availability, and service levels
12. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
13. Governing Law and Jurisdiction: Application of Pakistani law and dispute resolution mechanisms
1. Service Levels: Specific performance metrics and availability guarantees, used when service level commitments are required
2. Data Migration: Procedures for initial data loading or migration, included when data transfer is needed
3. Training and Support: Terms for technical support and user training, included when support services are part of the agreement
4. Disaster Recovery: Backup and recovery procedures, included for business-critical databases
5. Audit Rights: Terms allowing licensor to audit licensee's use of the database, included for high-value licenses
6. Sub-licensing Rights: Terms governing the licensee's right to sub-license, included when sub-licensing is permitted
7. Data Protection Compliance: Detailed privacy and data protection obligations, included when personal data is involved
1. Technical Specifications: Detailed technical requirements, database structure, and access protocols
2. Fee Schedule: Detailed breakdown of license fees, usage charges, and payment terms
3. Service Level Agreement: Specific performance metrics, uptime guarantees, and remedy mechanisms
4. Security Protocol: Detailed security requirements, access controls, and compliance measures
5. Authorized Users: List of authorized users or user categories and their access levels
6. Data Fields: Detailed description of database fields, structure, and content
7. Support Services: Details of technical support, maintenance, and update services
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