Section 22-504 – Effect of Transfer of Contractual Interest
(a) A transfer of “the contract” or of “all my rights under the contract”, or a transfer in similar general terms, is a transfer of all contractual interests under the contract. Whether the transfer is effective is determined by §§ 22-503 and 22-508(a)(1)(B) of this subtitle. (b) The following rules apply to a transfer of a party’s […]
Section 22-505 – Performance by Delegate; Subcontract
(a) A party may perform its contractual duties or exercise its contractual rights through a delegate or a subcontract unless: (1) The contract prohibits delegation or subcontracting; or (2) The other party has a substantial interest in having the original promisor perform or control the performance. (b) Delegating or subcontracting performance does not relieve the delegating party of a […]
Section 22-308 – Duration of Contract
If an agreement does not specify its duration, to the extent allowed by other law, the following rules apply: (1) Except as otherwise provided in paragraph (2) of this section, the agreement is enforceable for a time reasonable in light of the licensed subject matter and commercial circumstances but may be terminated as to future performances […]
Section 22-506 – Transfer of Transferee’s Interest by Licensee
(a) If all or any part of a licensee’s interest in a license is transferred, voluntarily or involuntarily, the transferee does not acquire an interest in information, copies, or the contractual or informational rights of the licensee unless the transfer is effective under § 22-503 or § 22-508(a)(1)(B) of this subtitle. If the transfer is effective, […]
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 […]
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 […]
Section 22-509 – Financing Arrangements: Obligations Irrevocable
Unless the accommodated licensee is a consumer, a term in a financial accommodation contract providing that the accommodated licensee’s obligations to the financier are irrevocable and independent is enforceable. The obligations become irrevocable and independent upon the licensee’s acceptance of the license or the financier’s giving of value, whichever occurs first.