Section 22-608 – Copy: Right to Inspect; Payment Before Inspection
(a) Except as otherwise provided in §§ 22-603 and 22-604 of this subtitle, if performance requires delivery of a copy, the following rules apply: (1) Except as otherwise provided in this section, the party receiving the copy has a right before payment or acceptance to inspect the copy at a reasonable place and time and in a […]
Section 22-609 – Copy: When Acceptance Occurs
(a) Acceptance of a copy occurs when the party to which the copy is tendered: (1) Signifies, or acts with respect to the copy in a manner that signifies, that the tender was conforming or that the party will take or retain the copy despite the nonconformity; (2) Does not make an effective refusal; (3) Commingles the copy or […]
Section 22-610 – Copy: Effect of Acceptance; Burden of Establishing; Notice of Claims
(a) A party accepting a copy shall pay or render the consideration required by the agreement for the copy it accepts. Acceptance of a copy precludes refusal and, if made with knowledge of a nonconformity in a tender, may not be revoked because of the nonconformity unless acceptance was on the reasonable assumption that the nonconformity […]
Section 22-611 – Access Contracts
(a) If an access contract provides for access over a period of time, the following rules apply: (1) The licensee’s rights of access are to the information as modified and made commercially available by the licensor from time to time during that period. (2) A change in the content of the information is a breach of contract only […]
Section 22-612 – Correction and Support Contracts
(a) If a person agrees to provide services regarding the correction of performance problems in computer information, other than an agreement to cure its own existing breach of contract, the following rules apply: (1) If the services are provided by a licensor of the information as part of a limited remedy, the licensor undertakes that its performance […]
Section 22-613 – Contracts Involving Publishers, Dealers, and End Users
(a) In this section: (1) “Dealer” means a merchant licensee that receives information directly or indirectly from a licensor for sale or license to end users. (2) “End user” means a licensee that acquires a copy of the information from a dealer by delivery on a tangible medium for the licensee’s own use and not for sale, license, […]
Section 22-614 – Risk of Loss of Copy
(a) Except as otherwise provided in this section, the risk of loss as to a copy that is to be delivered to a licensee, including a copy delivered by electronic means, passes to the licensee upon its receipt of the copy. (b) If an agreement requires or authorizes a licensor to send a copy on a tangible […]
Section 22-510 – Financing Arrangements: Remedies or Enforcement
(a) Except as otherwise provided in subsection (b) of this section, on material breach of a financial accommodation contract by the accommodated licensee, the following rules apply: (1) The financier may cancel the financial accommodation contract. (2) Subject to paragraphs (3) and (4) of this subsection, the financier may pursue its remedies against the accommodated licensee under the […]
Section 22-615 – Excuse by Failure of Presupposed Conditions
(a) Unless a party has assumed a different obligation, delay in performance by a party, or nonperformance in whole or part by a party, other than of an obligation to make payments or to conform to contractual use terms, is not a breach of contract if the delay or nonperformance is of a performance that has […]
Section 22-511 – Financing Arrangements: Effect on Licensor’s Rights
(a) The creation of a financier’s interest does not place any obligations on or alter the rights of a licensor. (b) A financier’s interest does not attach to any intellectual property rights of the licensor unless the licensor expressly consents to such attachment in a license or another record.