Data Export and Backup Clause Samples

Data Export and Backup. (i) Licensee acknowledges that the laws and regulations of the United States restricts the export and re-export of certain commodities and technical data of United States origin. Licensee agrees not to export or re-export the Software or any related technical documentation in any form in violation of the export or import laws of the United States or any foreign jurisdiction. (ii) Licensee may request an export of Licensee’s data that conforms to applicable laws at any time and such export will be provided once all undisputed payments due to BASE are paid in full. Exported data shall be provided in CSV (comma separated values) format. If the Licensee desires data in a format other than the standard CSV file output provided for in the Software, there may be a charge associated with exporting the data from the Software. Upon request, Licensee will be given a timely and fair market value quote, on a time and materials basis at BASE’s then prevailing hourly rates, to perform the programming tasks associated with extracting the desired data from the Software and delivering it to the Licensee. (iii) In the event of any loss or damage to Licensee's data, licensee's sole remedy shall be for BASE Education to use commercially reasonable efforts to replace or restore the lost or damaged data from the latest backup of such data BASE has maintained in accordance with its standard archival procedures. Licensee hereby waives and releases BASE from any further claim, loss, or damages and shall have no remedy for other losses or damages. (iv) BASE shall have no obligation to maintain Licensee's data after the date 30 days following the termination of this Agreement except as otherwise agreed upon in writing and/or as mandated by law. BASE is bound by all state and federal laws governing the exchange, storage, destruction, and dissemination of student data.