Section 22-603 – Submissions of Information to Satisfaction of a Party
If an agreement requires that submitted information be to the satisfaction of the recipient, the following rules apply: (1) §§ 22–606 through 22–610 of this subtitle and §§ 22–704 through 22–707 of this title do not apply to the submission. (2) If the information is not satisfactory to the recipient and the parties engage in efforts to […]
Section 22-604 – Immediately Completed Performance
If a performance involves delivery of information or services which, because of their nature, may provide a licensee, immediately on performance or delivery, with substantially all the benefit of the performance or with other significant benefit that cannot be returned, the following rules apply: (1) §§ 22–607 through 22–610 of this subtitle and §§ 22–704 through […]
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 22-612 – 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 […]