ATTACHMENT 13 (clause 106)
The Parties agree that each Schedule, in respect of each item of Data listed there, includes:
(10) the title of the Data and/or identifier for the Data;
(20) the Owner;
(30) the Custodian;
(40) the Access Category; and
(50) the Ownership Type;
2.1.1 Subject to this clause 2.1 and clause 3, and where confidentiality provisions do not apply, Jointly Owned Data may be used by either Party for any purpose.
2.1.2 Where confidentiality obligations limit access to or use of Jointly Owned Data, Parties must comply with those confidentiality obligations. Any Data subject to confidentiality obligations must be clearly identified as Restricted in the Schedules.
2.1.3 Custodianship of, and access to, Jointly Owned Data shall be as described in clause 3.
2.2.1 The Parties agree that subject to this clause 2.2 and clause 3, Singly Owned Data identified in the Schedule can be used for RFA Purposes by either Party subject to any confidentiality or use provisions that limits its usage beyond that specifically agreed. Such Data will only be used in a manner that respects all rights of ownership, confidentiality and copyright of the Data Owner and Licence conditions. Use of Singly Owned Data for other purposes requires the prior written permission of the Owner.
2.2.2 Where confidentiality obligations or limitations on use are imposed, a Party who is not the Owner may only use Singly Owned Data for purposes other than RFA Purposes under Licence
2.2.3 Access to Singly Owned Data by third parties will generally be through arrangement with the Data Custodian except as provided for in the Data Agreement and Schedules. Parties to this Data Agreement that are not the Owner will not provide Singly Owned Data to a third party without the prior permission of the Owner.
2.2.4 The Custodian of Singly Owned Data will be responsible for providing access to such Data in accordance with its Access Category identified in the Schedules to the Data Agreement and described in clause 3 of this Data Agreement.
2.2.5 Access arrangements imposed by an Owner shall apply to Existing Data unless otherwise agreed by the Parties.
Third Party Data will be used in accordance with any Licence arrangements agreed with the Owner.
3. Access Arrangements
a) Subject to clause 2, all Data identified in the Schedules may be used by Parties (including the Governments' officers, employees, agents contractors, sub-contractors or consultants) for RFA Purposes consistent with the access provisions which apply to the Data's Access Category relevant to the access category as outlined below.
d) There are three categories that have been agreed for access to Data by Parties:
3.1 Restricted Data
Restricted Data is Data which is considered sensitive by a Data Owner and is available to the other Party or third parties only by agreement of the Owner on a case-by-case basis. This includes Data for which confidentiality and use provisions apply.
3.2.1 Licensed Data may be provided to third parties by means of a Licence with the relevant Data Custodian.
3.2.2 Licensed Data may be used by third parties as agreed on a case by case basis subject to the conditions of the Licence.
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