This Practice Note provides guidance on the sale and licensing of database rights. It deals with the format, wording and key points of an assignment and licence of database rights. For the transfer of a database, key points of a transfer agreement are covered including title guarantee, the right to sue and claim damages for past infringements, further assurances, territory, scope and future databases. Where the database is to be licensed, key points of the licence agreement are covered including exclusivity, sub-licensing, territory, modifications, payment terms, term and termination, licensor warranties and maintenance, licensee warranties, and post-termination considerations.
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