Data Contract Condition Language for:
National Association of Insurance Commissioners

sorted by Category and Condition

October 31, 2014, 12:05 am

Data Use

No redistribution of data

6. Licensee agrees that the data provided by Licensor is the exclusive copyrighted property of Licensor containing valuable proprietary interests of Licensor. Licensee shall not provide a copy, regardless of media, of any data received from Licensor to any party, except its officers of employees in the furtherance of Licensee's regular business. Licensee further agrees not to remarket, sell, publish or commercially exploit the data, in whole or in part, or to download or reproduce the data in substantially the same form as provided to Licensee by Licensor for resale or redistribution to any third party.

8. Licensee agrees that neither this Agreement nor any of the rights granted herunder shall be transerable or assignable to any other party without the express prior written permission of Licensor.

Inspections & Penalties

Penalty

6. . . . It is understood that NAIC will not have an adequate remedy at law in the event of disclosure to an unauthroized person of any NAIC data provided under this Agreement or any derivation therof and, therefore, the NAIC shall be entitled, prior to seeking arbitration puruant to Section

Publication

Cite/acknowledge data

6. . . . all data obtained from Licensor, when and wherever used or referenced, shall be readily and exclusively identified by one appropriate footnote in the following form: "Data Source: National Association of Insurance Commissioners by Permission. The NAIC does not endorse any analysis or conclusions based upon the use of its data."

Disclaimer language

6. . . . all data obtained from Licensor, when and wherever used or referenced, shall be readily and exclusively identified by one appropriate footnote in the following form: "Data Source: National Association of Insurance Commissioners by Permission. The NAIC does not endorse any analysis or conclusions based upon the use of its data."

. . . . Licensee agrees that if the ata provided by the Licensor is manipulated or intermingled with data from other sources, such manipulation or intermingly as well as the person or entity responsible for the mainpulation or intermingling shall be disclosed in any presentation of the data. Any results or conclusions drawn from the data manipulation or intermingling shall not be presented as NAIC information. This restriction shall include, but not be limited to, Licensor's calculation of NAIC promulgated Insurance Regulatory Information System (IRIS) ratios with data provided by the NAIC.

Legal Details

FOIA or other legal data request

12. In the event that Licensee receives a third-party request for any documents(s) in Licensee's possession relating to or furnished as a result of this License Agreement which the Licensor has marked as "confidential" ("Proprietary Data"), the Licensee shall:
(i) Immediately notify Licensor that such production is being sought and afford Licensor the opportunity to take whatever action it deems appropriate to protect the Proprietary Data;
(ii) Notify the party seeking production of the Proprietary Data that it is the property of the Licensor; and
(iii) Consent to any application by Licensor to intervene in any action for the purpose of asserting and preserving any privileges, confidentiality rights or other protection from disclosure with respect to the Proprietary Data.

This section 12 shall not apply to Proprietary Data which: 1) at the time of receipt by the Licensee is in the public domain; 2) after its receipt by the Licensee was made public by a third party, unless such publication was improper; or 3) was in possession of the Licensee before receipt from the Licensor was developed indepedently without the use or reference to Proprietary Data or acquired directly or indirectly from a source wholly independent of the Licensor with knowledge of origination in Licensor or obligation of confidence. Licensee's obligations under this section 12 shall last for five (5) years from the Effective Date.

Extras Administration

Administrative fee for data

3. The balance of payment shall be net thirty (30) days from the date of delivery to Licensee. Orders of less than FIVE THOUSAND and NO/100 DOLLARS ($5,000.00) may be due net at time of delivery.

Contract length and/or extension

2. This Agreement shall be in force for five (5) years. The terms and conditions of this Agreement shall govern all current and future database licenses granted by NAIC to Licensee unless subsequently amended and executed in writing by both parties.

Return/destroy media

9. Regardless of the reason for cancellation or termination of this Agreement, Licensee shall provide a written certificate, signed by an officer of Licenss, certifying that all copies of data furnished to Licensee by Licensor herunder have either been returned to Licensor or destroyed and that, during the terms of this Agreement, there have been no unauthorized disclosures or duplications of said data.