DATA LICENSING Clause Samples
A Data Licensing clause defines the terms under which one party is permitted to use, access, or distribute data provided by another party. Typically, it outlines the scope of permitted uses, any restrictions on sharing or modifying the data, and the duration of the license. For example, it may specify whether the data can be used for commercial purposes, research, or internal analysis only. The core function of this clause is to clearly allocate rights and responsibilities regarding data usage, thereby preventing unauthorized use and protecting the interests of the data owner.
DATA LICENSING. 6.1 By describing its Content in the Catalogue, the Data Publisher is inviting the Data Consumer to enter into a licence for that Content. The Data Consumer will be able to select its desired Content from the Catalogue.
6.2 Once the Data Consumer has selected the Content, by presenting the licence terms to the Data Consumer, the Data Publisher makes an offer to the Data Consumer which the Data Consumer may accept by accepting the licence terms and, where applicable, paying the price.
6.3 RDG is not a party to the Data Sharing Agreement and the Data Consumer acknowledges and agrees that it will not hold RDG responsible for any liabilities arising out of or connected to the Data Sharing Agreement.
6.4 Upon the Data Consumer entering into a Data Sharing Agreement with the Data Publisher, the Rail Data Marketplace will send an acknowledgement email confirming the data sharing arrangement has come into effect.
DATA LICENSING. 7.1 By presenting Content in its Catalogue, the Data Publisher is inviting the Data Consumer to enter into a licence for that Content, the terms of which depend on the Data Publisher’s approaching to licensing. The Data Publisher may offer its Content under an Open Access licence, use the RDM Contract Builder to automate the terms of the licence accompanying Content, or the Data Publisher may publish its own bespoke licence terms for the Content subject to the approval of RDG. In each case by presenting the licence terms to the Data Consumer, the Data Publisher is making an offer to the Data Consumer, which the Data Consumer may accept by accepting the licence terms and, where applicable, paying the price.
7.2 Notwithstanding the provisions of Clause 7.1, where a Data Publisher offers to share the Content for a fee, the Data Publisher shall rate, where it is practicable to do so (and without liability to the Data Consumer), the quality of the Licensed Data using the Rail Data Marketplace’s Quality Indicator.
7.3 Where the Data Publisher licences its Content by means of its own proprietary licence terms and conditions, it shall use reasonable endeavours to promptly progress and enter into the licence and to incorporate the following clause: ‘Whilst the Rail Delivery Group operates the Rail Data Marketplace, it is neither buyer nor seller of the Licensed Data and is not a party to the licence between Data Publisher and Data Consumer. RDG takes no responsibility and shall have no liability for any bespoke licence terms entered into between the Data Publisher and the Data Consumer.’Should the Data Publisher wish to limit or suspend a Data Consumer’s access to the Licensed Data for good cause under a Data Sharing Agreement, prior to doing so the Data Publisher shall consult with RDG.
7.4 Where the Data Publisher licences its Content by means of its own proprietary licence terms and conditions, Schedule1: Licensed Rights and Schedule 2: Licence Fees generated by the Contract Builder will be addended to the Data Publishers proprietary licence and Schedule 1 and Schedule 2 will take precedence if there is any conflict within the body of the Data Publishers own licence.
DATA LICENSING. 3.1 The Data Owner grants CropOM-Hungary Kft. a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display the Data on the Platform.
3.2 The Data Owner warrants that it has all necessary rights to grant this license and that the use of the Data by CropOM-Hungary Kft. in accordance with this Agreement will not infringe any third-party rights.
DATA LICENSING. 4.1 ACKNOWLEDGMENT
(A) Kosmos hereby acknowledges that all data and information obtained by it as a result of petroleum operations pursuant to the Petroleum Agreements and all geological, geophysical, technical, financial and economic reports, studies, interpretations and analysis prepared by or on behalf of it in connection with such petroleum operations is the property of GNPC in accordance with Section 23(2) of the Petroleum Law.
(B) Kosmos hereby represents and warrants that:
(i) Kosmos and Kosmos Energy International (“KEI”) (as applicable) have exercised their rights under each Confidentiality Agreement to procure the return and/or destruction of the Confidential Information provided to each Third Party Recipient subject to and in accordance with the terms of the relevant Confidentiality Agreement and each such Third Party Recipient has either returned the Confidential Information to Kosmos or confirmed in writing that it destroyed or would destroy the Confidential Information within the applicable period.
(ii) Save for disclosure to Kosmos’ advisers and lenders, no Confidential Information has otherwise been disclosed to any person other than to a Third Party Recipient pursuant to the terms of a Confidentiality Agreement duly executed and containing valid, legally binding and enforceable obligations of confidentiality in accordance with the terms of such agreement;
(iii) each Confidentiality Agreement provided by Kosmos to GNPC is a complete and up to date version of the agreement entered into by Kosmos or KEI and the Third Party Recipient in relation to the Confidential Information; and
(iv) as far as it is aware, no Confidential Information has been disclosed in breach of the terms of any Confidential Agreement.
DATA LICENSING