Section 22-605 – Electronic Regulation of Performance
(a) In this section, “automatic restraint” means a program, code, device, or similar electronic or physical limitation the intended purpose of which is to restrict use of information. (b) A party entitled to enforce a limitation on use of information may include an automatic restraint in the information or a copy of it and use that restraint […]
Section 22-606 – Copy: Delivery; Tender of Delivery
(a) Delivery of a copy must be at the location designated by agreement. In the absence of a designation, the following rules apply: (1) The place for delivery of a copy on a tangible medium is the tendering party’s place of business or, if it has none, its residence. However, if the parties know at the time […]
Section 22-607 – Copy: Performance Related to Delivery; Payment
(a) If performance requires delivery of a copy, the following rules apply: (1) The party required to deliver need not complete a tendered delivery until the receiving party tenders any performance then due. (2) Tender of delivery is a condition of the other party’s duty to accept the copy and entitles the tendering party to acceptance of the […]
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 22-309 – Agreement for Performance to a Party’s Satisfaction
(a) Except as otherwise provided in subsection (b) of this section, an agreement that provides that the performance of one party is to be to the satisfaction or approval of the other party requires performance sufficient to satisfy a reasonable person in the position of the party that must be satisfied. (b) Performance must be to the […]
Section 22-507 – Financing if Financier Does Not Become Licensee
If a financier does not become a licensee in connection with its financial accommodation contract, the following rules apply: (1) The financier does not receive the benefits or burdens of the license. (2) The licensee’s rights and obligations with respect to the information and informational rights are governed by: (A) The license; (B) Any rights of the licensor under […]
Section 22-401 – 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 specifications […]