(a) If an agreement provides for conveyance of ownership of informational rights in a computer program, ownership passes at the time and place specified by the agreement but does not pass until the program is in existence and identified to the contract. If the agreement does not specify a different time, ownership passes when the program […]
(a) In a license: (1) Title to a copy is determined by the license; (2) A licensee’s right under the license to possession or control of a copy is governed by the license and does not depend solely on title to the copy; and (3) If a licensor reserves title to a copy, the licensor retains title to that […]
The following rules apply to a transfer of a contractual interest: (1) A party’s contractual interest may be transferred unless the transfer: (A) Is prohibited by other law; or (B) Except as otherwise provided in paragraph (3) of this subsection, would materially change the duty of the other party, materially increase the burden or risk imposed on the […]
(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 […]
(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 […]
(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, […]
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 […]
(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 […]
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.
(a) Except as otherwise provided in subsection (b) of this section, on material breach of a financial accommodation contract by the accommodated licensee, the following rules apply: (1) The financier may cancel the financial accommodation contract. (2) Subject to paragraphs (3) and (4) of this subsection, the financier may pursue its remedies against the accommodated licensee under the […]
(a) The creation of a financier’s interest does not place any obligations on or alter the rights of a licensor. (b) A financier’s interest does not attach to any intellectual property rights of the licensor unless the licensor expressly consents to such attachment in a license or another record.
