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M007. DATA PURCHASE AGREEMENT (drafted for Database Owner's benefit)


A data purchaser would prefer to buy data outright (rather than license it since a license would impose restrictions on use), especially if the data purchaser is a database owner or data bureau, where data is its main asset and distributing data its main business activity.

In the example in this Contract, the database owner is purchasing data for the purposes of creating and refreshing a database which is subscribed to by end-users. The database owner may either provide the data to end-users in the form in which it is supplied (i.e. "raw" data) or as part of a larger "added value" service to customers, the latter being the example in this Contract.

The data can be supplied by the data supplier to the database owner in any number of ways: disk, cassette, tape or transmitted via a telephone line, by satellite or any other form of communication. Whatever the mode of delivery the importance rests in its accuracy and reliability. If the data does not arrive, is delayed or is inaccurate, potentially every subscriber to the database can be affected. Accordingly it is prudent for the receiver of data (the database owner in this Contract) not only to have effective support services from the data supplier specifying response times and priority levels for "fixes" but also to have a liquidated damages clause covering non-delivery, lateness of delivery and stringent liability provisions for inaccuracy of data.
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