Compare before you sign

What the license actually says: the terms that differ from buyer to buyer.

Two buyers can quote the same number for different things. One may license a de-identified copy for training only, for a fixed term, and pay on signing; another may take a perpetual, sublicensable license, keep the models it trains and pay only after it accepts the data. The price is one term. These are the others.

Written by Andrew Gallagher, founder of FirmLedge.Last reviewed October 30, 2026.Sources are listed at the end of the page.

The nine terms

Nine terms to compare.

Every proposal FirmLedge brings back sets out price, package, permitted uses, exclusivity, de-identification method and the buyer's fee to FirmLedge in the same format. The terms below are what to ask about before you sign. How it works describes the rest of the process.

01 License or sale

what it means: Whether the buyer gets rights to use a copy for agreed purposes, or takes the data itself.
how it varies: Some buyers sign a license with defined uses; others ask for a sale. Spirit Airlines' estate has proposed to sell its de-identified data under a sale agreement filed with the court, subject to court approval [1].
what to ask: Is this a license or a sale, of exactly what, and what do we keep?

02 Exclusivity

what it means: A promise not to license the same records to anyone else.
how it varies: None; for a period; within a field of use; or outright, for a premium if one is agreed.
what to ask: Exclusive of what, for how long, and what is paid for it?

03 Sublicensing and onward licensing

what it means: Whether the buyer may pass the data, or rights in it, to customers, affiliates or other developers.
how it varies: Not at all; to affiliates only; or to anyone, on the buyer's own terms.
what to ask: Who else can receive the data, and on what terms?

04 Term

what it means: How long the license lasts. Perpetual means no end date; irrevocable means you cannot end it at will.
how it varies: A fixed number of years, perpetual, or perpetual and irrevocable.
what to ask: Can it ever end, and what happens to the data and every copy when it does?

05 Deletion and retention

what it means: When the buyer deletes the raw data and copies, and what happens to models trained on it.
how it varies: On a schedule, on request, at the end of the engagement or not at all. Deleting the data and deleting what was learned from it are different promises.
what to ask: When is the raw data deleted, is deletion certified, and what may the buyer keep or do with trained models?

06 Permitted uses

what it means: What the buyer may do with the data, such as training, evaluation, product testing or research.
how it varies: One named use; several; or any use not expressly excluded.
what to ask: Which uses are allowed, which are excluded, and who inside the buyer may use the data?

07 De-identification

what it means: Who removes or replaces identifying information, how, to what standard, and who bears a failure.
how it varies: An agent the seller selects, a third party or the buyer's own tools. Spirit's sale uses a separate de-identification agent working to the California Consumer Privacy Act's de-identification standard, with an affidavit to the court before each transfer [2], and its bids moved with who would do the work [1].
what to ask: Who does it, to which standard, is re-identification barred, and who is responsible if it fails? The documents should define the data's scope, require specific protocols and allocate responsibility for any failure [3].

08 Payment

what it means: How and when the money is paid.
how it varies: Upfront, in installments, on delivery, after the buyer accepts the data, or as a revenue share.
what to ask: What triggers each payment, what is the acceptance test, and what happens if a delivery is rejected?

09 Warranties, indemnities and liability caps

what it means: What the seller promises about the data, who pays if a promise fails, and the most either side can owe.
how it varies: From an as-is sale with few promises to broad promises on rights, privacy and accuracy, backed by an indemnity.
what to ask: Which promises are required, is any of them unlimited, and can an estate or a closed company stand behind them?

Removing names does not guarantee anonymity. Distinctive figures can still identify a business or person. NIST SP 800-188 informs identification-risk assessment [4]; it is technical guidance, not legal clearance.

And one more

The intermediary's compensation, and whether it is disclosed.

A broker, referral partner or platform that brings a deal is paid by someone: the buyer, the seller, both, or out of the price. Ask any intermediary who pays it, how much, and whether that will be shown next to each proposal before you decide.

For an estate, the information needed for any motion, notice or report includes the fee arrangement.

Glossary

Twelve terms, in plain words.

The words that come up in a company-data license, as this site uses them.

This page describes a process. It is not legal advice.

Glossary12 terms

De-identified data: Records with personal and identifying information removed or replaced under an agreed process and standard. Removing names does not guarantee anonymity.
Re-identification: Linking de-identified records back to a person or business. In FirmLedge's process, the written license bars it.
License: Permission to use a copy of the data for agreed purposes, on agreed terms, while the owner keeps the originals.
Sale: A transfer of the data itself, and of the rights in it, to the buyer.
Exclusivity: A promise not to license the same records to anyone else, for a period, within a field or outright.
Sublicense: The buyer's right to grant others rights in the data it licensed.
Perpetual license: A license with no end date.
Irrevocable license: A license the licensor cannot end at will.
Permitted uses: The uses the license allows, such as training, evaluation or product testing.
Acceptance: The buyer's review of delivered data against agreed criteria. Payment can depend on it.
Indemnity: A promise to cover the other side's losses if a stated risk occurs, such as a rights or privacy claim.
Unnamed profile: A description of the records sent to buyers without the company's name: which systems, how many years and rough counts.

Questions about terms

License terms, answered.

Is it a sale or a license?

It depends on the buyer's agreement. A license grants rights to use a copy for agreed purposes while you keep the originals; a sale transfers the data itself. Spirit Airlines' estate has proposed to sell its de-identified data under a sale agreement filed with the court, subject to court approval. Ask which it is before comparing prices.

What does exclusive mean here?

That you will not license the same records to anyone else, for a period, within a field or outright. Ask what it covers, how long it lasts and what is paid for it.

Can the buyer resell the data?

Only if the agreement allows sublicensing, onward licensing or resale. Ask who else can receive the data and on what terms.

Does the data get deleted?

Only if the agreement says so. Ask when the raw data and every copy are deleted, whether deletion is certified, and what the buyer may keep or do with models trained on the data.

Who removes names?

The agreement says who: the estate or owner, an agent separate from the buyer, or the buyer under a handling agreement limited to that step. Removing names does not guarantee anonymity. Distinctive figures can still identify a business or person.

When is the owner paid?

When the agreement says: on signing, on delivery, after the buyer accepts the data, in installments or as a revenue share. Ask what triggers each payment and what happens if the buyer rejects a delivery.

Sources

Sources.

Stretto Research Suite (chapter11cases.com), The Spirit Airlines deidentified data sale: auction results, objections, and the September 30 hearing, September 13, 2026. chapter11cases.com
Stretto Research Suite (chapter11cases.com), Spirit Airlines Case Update: The Data Sale Slips to November as Spirit Moves to Unwind the HFS Aircraft Deal, October 14, 2026. chapter11cases.com
Jimerson Birr, Data Assets in Distressed Estates: Opportunity and Constraints for Assignees and Trustees, April 23, 2026. jimersonfirm.com
National Institute of Standards and Technology, SP 800-188, De-Identifying Government Datasets: Techniques and Governance, September 2023. csrc.nist.gov

Sources checked October 30, 2026. No buyer's program terms are quoted on this page.

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