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 22-612 – 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 22-401 – 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 […]
Section 22-508 – Finance Licenses
(a) If a financier becomes a licensee in connection with its financial accommodation contract and then transfers its contractual interest under the license, or sublicenses the licensed computer information or informational rights, to a licensee receiving the financial accommodation, the following rules apply: (1) The transfer or sublicense to the accommodated licensee is not effective unless: (A) The […]
Section 22-402 – Express Warranty
(a) Subject to subsection (c) of this section, 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 […]