Section 22-306 – Performance Under Open Terms
A performance obligation of a party that cannot be determined from the agreement or from other provisions of this title requires the party to perform in a manner and in a time that is reasonable in light of the commercial circumstances existing at the time of agreement.
Section 22-207 – Formation: Releases of Informational Rights
(a) A release is effective without consideration if it is: (1) In a record to which the releasing party agrees, such as by manifesting assent, and which identifies the informational rights released; or (2) Enforceable under estoppel, implied license, or other law. (b) A release continues for the duration of the informational rights released if the release does not […]
Section 22-307 – Interpretation and Requirements for a Grant
(a) A license grants: (1) The contractual rights that are expressly described; and (2) A contractual right to use any informational rights within the licensor’s control at the time of contracting which are necessary in the ordinary course to exercise the expressly described rights. (b) If a license expressly limits use of the information or informational rights, use in […]
Section 22-208 – Adopting Terms of Records
Except as otherwise provided in § 22-209 of this subtitle, the following rules apply: (1) A party adopts the terms of a record, including a standard form, as the terms of the contract if the party agrees to the record, such as by manifesting assent. (2) The terms of a record may be adopted pursuant to paragraph […]
Section 22-209 – Mass-Market License
(a) A party adopts the terms of a mass-market license for purposes of § 22-208 of this subtitle only if the party agrees to the license, such as by manifesting assent, before or during the party’s initial performance or use of or access to the information. A term is not part of the license if: (1) The […]
Section 22-210 – Terms of Contract Formed by Conduct
(a) Except as otherwise provided in subsection (b) of this section and subject to § 22-301 of this title, if a contract is formed by conduct of the parties, the terms of the contract are determined by consideration of the terms and conditions to which the parties expressly agreed, course of performance, course of dealing, usage […]
Section 22-211 – Pretransaction Disclosures in Internet-Type Transactions
This section applies to a licensor that makes its computer information available to a licensee by electronic means from its Internet or similar electronic site. In such a case, the licensor affords an opportunity to review the terms of a standard form license which opportunity satisfies § 22-112(e) of this title with respect to a […]
Section 22-110 – Contractual Choice of Forum
(a) (1) The parties in their agreement may choose an exclusive judicial forum unless the choice is unreasonable or unjust. (2) In a mass market transaction, the enforceability of a choice of forum term shall be decided by a Maryland court. (b) A judicial forum specified in an agreement is not exclusive unless the agreement expressly so provides. (c) Notwithstanding […]
Section 22-111 – Unconscionable Contract or Term
(a) If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to avoid […]
Section 22-112 – Manifesting Assent; Opportunity to Review
(a) A person manifests assent to a record or term if the person, acting with knowledge of, or after having an opportunity to review the record or term or a copy of it: (1) Authenticates the record or term with intent to adopt or accept it; or (2) Intentionally engages in conduct or makes statements with reason to […]