Data License Agreements

Summary

This practice note outlines key provisions in data license agreements, including the license grant, sublicensing, derived and usage data, data delivery, confidentiality and security, data audits and controls, disclaimers, representations and warranties, indemnification, and the treatment of data post-termination. This note also discusses related issues such as the protectability of data and data compilations under copyright and trade secret law (which supports the notion of a "license" to data) and the lifecycle of data and data markets, which should inform the provisions of any data license agreement.