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§ 59.1-504.1. Warranty and obligations concerning noninterference and noninfringement

(a) A licensor of information that is a merchant regularly dealing in information of the kind warrants that the information will be delivered free of the rightful claim of any third person by way of infringement or misappropriation, but a licensee that furnishes detailed specifications to the licensor and the method required for meeting the […]

§ 59.1-504.10. No implied warranties for free software

(a) In this section, “free software” means a computer program with respect to which the licensor does not intend to make a profit from the distribution of the copy of the program and does not act generally for commercial gain derived from controlling use of the program or making, modifying, or redistributing copies of the […]

§ 59.1-504.2. Express warranty

(a) Subject to subsection (c), an express warranty by a licensor is created as follows: (1) An affirmation of fact or promise made by the licensor to its licensee, including by advertising, which relates to the information and becomes part of the basis of the bargain creates an express warranty that the information to be […]

§ 59.1-504.3. Implied warranty; merchantability of computer program

(a) Unless the warranty is disclaimed or modified, a licensor that is a merchant with respect to computer programs of the kind warrants: (1) to the end user that the computer program is fit for the ordinary purposes for which such computer programs are used; (2) to the distributor that: (A) the program is adequately […]

§ 59.1-504.4. Implied warranty; informational content

(a) Unless the warranty is disclaimed or modified, a merchant that, in a special relationship of reliance with a licensee, collects, compiles, processes, provides, or transmits informational content warrants to that licensee that there is no inaccuracy in the informational content caused by the merchant’s failure to perform with reasonable care. (b) A warranty does […]

§ 59.1-504.5. Implied warranty; licensee’s purpose; system integration

(a) Unless the warranty is disclaimed or modified, if a licensor at the time of contracting has reason to know any particular purpose for which the computer information is required and that the licensee is relying on the licensor’s skill or judgment to select, develop, or furnish suitable information, the following rules apply: (1) Except […]

§ 59.1-504.6. Disclaimer or modification of warranty

(a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to disclaim or modify an express warranty must be construed wherever reasonable as consistent with each other. Subject to § 59.1-503.1 with regard to parol or extrinsic evidence, the disclaimer or modification is inoperative to the extent that […]

§ 59.1-504.7. Modification of computer program

A licensee that modifies a computer program, other than by using a capability of the program intended for that purpose in the ordinary course, does not invalidate any warranty regarding performance of an unmodified copy but does invalidate any warranties, express or implied, regarding performance of the modified copy. A modification occurs if a licensee […]

§ 59.1-504.8. Cumulation and conflict of warranties

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply: (1) Exact or technical specifications displace an inconsistent sample or model or general language of […]

§ 59.1-504.9. Third-party beneficiaries of warranty

(a) Except for published informational content, a warranty to a licensee extends to persons for whose benefit the licensor intends to supply the information or informational rights and which rightfully use the information in a transaction or application of a kind in which the licensor intends the information to be used. (b) A warranty to […]