Section 22-813 – Continuing Use
On breach of contract by a licensor, the following rules apply: (1) A licensee that has not canceled the contract may continue to use the information and informational rights under the contract. If the licensee continues to use the information or informational rights, the licensee is bound by all terms of the contract, including contractual use […]
Section 22-814 – Discontinuing Access
(a) Subject to subsection (b) of this section, on material breach of an access contract or if the agreement so provides, a party may discontinue all contractual rights of access of the party in breach and direct any person that is assisting the performance of the contract to discontinue its performance. (b) Except as provided in subsection […]
Section 22-815 – Right to Possession and Prevent Use
(a) On cancellation of a license, the licensor has the right: (1) To possession of all copies of the licensed information in the possession or control of the licensee and any other materials pertaining to that information which by contract are to be returned or delivered by the licensee to the licensor; and (2) To prevent the continued […]
Section 22-816 – Limitations on Electronic Self-Help
(a) In this section, “electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 22-815(b) of this subtitle. (b) Notwithstanding the provisions of this section, electronic self-help is prohibited in mass-market transactions. (c) Prior to cancellation of a license in which the parties have agreed to permit the use of electronic self-help, the […]
Section 22-811 – Specific Performance
(a) Specific performance may be ordered: (1) If the agreement provides for that remedy, other than an obligation for the payment of money; (2) If the contract was not for personal services and the agreed performance is unique; or (3) In other proper circumstances. (b) An order for specific performance may contain any conditions considered just and must provide adequate […]
Section 22-812 – Completing Performance
(a) On breach of contract by a licensee, the licensor may: (1) Identify to the contract any conforming copy not already identified if, at the time the licensor learned of the breach, the copy was in its possession; (2) In the exercise of reasonable commercial judgment for purposes of avoiding loss and effective realization on effort or investment, […]
Section 22-707 – Copy: Revocation of Acceptance
(a) A party that accepts a nonconforming tender of a copy may revoke acceptance only if the nonconformity is a material breach of contract and the party accepted it: (1) On the reasonable assumption that the nonconformity would be cured, and the nonconformity was not seasonably cured; (2) During a continuing effort by the party in breach at […]
Section 22-708 – Adequate Assurance of Performance
(a) A contract imposes an obligation on each party not to impair the other’s expectation of receiving due performance. If reasonable grounds for insecurity arise with respect to the performance of either party, the aggrieved party may: (1) Demand in a record adequate assurance of due performance; and (2) Until that assurance is received, if commercially reasonable, suspend […]
Section 22-709 – Anticipatory Repudiation
(a) If a party to a contract repudiates a performance not yet due and the loss of performance will substantially impair the value of the contract to the other party, the aggrieved party may: (1) Await performance by the repudiating party for a commercially reasonable time or resort to any remedy for breach of contract, even if […]
Section 22-710 – Retraction of Anticipatory Repudiation
(a) A repudiating party may retract its repudiation until its next performance is due unless the aggrieved party, after the repudiation, has canceled the contract, materially changed its position, or otherwise indicated that it considers the repudiation final. (b) A retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party […]