Marketplace / clause set
MSA Derived-Data Clause Set
Contract language securing the right to retain de-identified, aggregated benchmark data from an engagement. Without this in engagement one, the comparative corpus never accumulates.
Either doorCC BY-ND 4.0free
Reference material, carries no engagement posture.
Contents
# Derived-data and benchmark clauses ## 1. Derived data "Derived Data" means statistical, aggregated or de-identified information generated by Provider in the course of the Services that does not identify Client, Client's customers, or any individual, and from which Client's identity cannot reasonably be inferred, including counts, rates, distributions and comparative medians. ## 2. Ownership and licence Client retains all right, title and interest in Client Data. Provider retains all right, title and interest in Derived Data and may use it to develop and improve Provider's methods, benchmarks and published research, provided that no publication identifies Client or permits Client's identification by elimination. ## 3. Publication threshold Provider shall not publish any comparative statistic drawn from fewer than five distinct client engagements. ## 4. Survival Sections 1-3 survive termination. ## Why it matters The method is copyable. The accumulated comparative corpus is not. If this clause is absent from the first engagement it cannot be retrofitted, because the data has already been generated under the old terms.