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2000 LAWS OF MARYLAND
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Ch. 11
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21-404. IMPLIED WARRANTY: INFORMATIONAL CONTENT.
(A) UNLESS THE WARRANTY IS DISCLAIMED OR MODIFIED, A MERCHANT
THAT, IN A SPECIAL RELATIONSHIP OF RELIANCE WITH A LICENSEE, COLLECTS,
COMPILES, PROCESSES, PROVIDES, OR TRANSMITS INFORMATIONAL CONTENT
WARRANTS TO THAT LICENSEE THAT THERE IS NO INACCURACY IN THE
INFORMATIONAL CONTENT CAUSED BY THE MERCHANT'S FAILURE TO PERFORM
WITH REASONABLE CARE.
(B) A WARRANTY DOES NOT ARISE UNDER SUBSECTION (A) OF THIS SECTION
WITH RESPECT TO:
(1) PUBLISHED INFORMATIONAL CONTENT; OR
(2) A PERSON THAT ACTS AS A CONDUIT OR PROVIDES NO MORE THAN
EDITORIAL SERVICES IN COLLECTING, COMPILING, DISTRIBUTING, PROCESSING,
PROVIDING, OR TRANSMITTING INFORMATIONAL CONTENT THAT UNDER THE
CIRCUMSTANCES CAN BE IDENTIFIED AS THAT OF A THIRD PERSON.
(C) THE WARRANTY UNDER THIS SECTION IS NOT SUBJECT TO THE
PRECLUSION IN § 21-113(A)(1) OF THIS TITLE ON DISCLAIMING OBLIGATIONS OF
DILIGENCE, REASONABLENESS, OR CARE.
21-405. IMPLIED WARRANTY: LICENSEE'S PURPOSE; SYSTEM INTEGRATION.
(A) UNLESS THE WARRANTY IS DISCLAIMED OR MODIFIED, IF A LICENSOR AT
THE TIME OF CONTRACTING HAS REASON TO KNOW ANY PARTICULAR PURPOSE FOR
WHICH THE COMPUTER INFORMATION IS REQUIRED AND THAT THE LICENSEE IS
RELYING ON THE LICENSOR'S SKILL OR JUDGMENT TO SELECT, DEVELOP, OR
FURNISH SUITABLE INFORMATION, THE FOLLOWING RULES APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2), THERE IS AN
IMPLIED WARRANTY THAT THE INFORMATION IS FIT FOR THAT PURPOSE.
(2) IF FROM ALL THE CIRCUMSTANCES IT APPEARS THAT THE LICENSOR
WAS TO BE PAID FOR THE AMOUNT OF ITS TIME OR EFFORT REGARDLESS OF THE
FITNESS OF THE RESULTING INFORMATION, THE WARRANTY UNDER PARAGRAPH (1)
IS THAT THE INFORMATION WILL NOT FAIL TO ACHIEVE THE LICENSEE'S
PARTICULAR PURPOSE AS A RESULT OF THE LICENSOR'S LACK OF REASONABLE
EFFORT.
(B) THERE IS NO WARRANTY UNDER SUBSECTION (A) OF THIS SECTION WITH
REGARD TO:
(1) THE AESTHETICS, APPEAL, SUITABILITY TO TASTE, OR SUBJECTIVE
QUALITY OF INFORMATIONAL CONTENT; OR
(2) PUBLISHED INFORMATIONAL CONTENT, BUT THERE MAY BE A
WARRANTY WITH REGARD TO THE LICENSOR'S SELECTION AMONG PUBLISHED
INFORMATIONAL CONTENT FROM DIFFERENT PROVIDERS IF THE SELECTION IS
MADE BY AN INDIVIDUAL ACTING AS OR ON BEHALF OF THE LICENSOR.
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- 102 -
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