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PARRIS N. GLENDENING, Governor
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Ch. 11
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(C) IF AN AGREEMENT REQUIRES A LICENSOR TO PROVIDE OR SELECT A
SYSTEM CONSISTING OF COMPUTER PROGRAMS AND GOODS, AND THE LICENSOR
HAS REASON TO KNOW THAT THE LICENSEE IS RELYING ON THE SKILL OR
JUDGMENT OF THE LICENSOR TO SELECT THE COMPONENTS OF THE SYSTEM,
THERE IS AN IMPLIED WARRANTY THAT THE COMPONENTS PROVIDED OR SELECTED
WILL FUNCTION TOGETHER AS A SYSTEM.
(D) THE WARRANTY UNDER THIS SECTION IS NOT SUBJECT TO THE
PRECLUSION IN § 21-113(A)(1) OF THIS TITLE ON DISCLAIMING DILIGENCE,
REASONABLENESS, OR CARE.
21-406. DISCLAIMER OR MODIFICATION OF WARRANTY.
(A) WORDS OR CONDUCT RELEVANT TO THE CREATION OF AN EXPRESS
WARRANTY AND WORDS OR CONDUCT TENDING TO DISCLAIM OR MODIFY AN
EXPRESS WARRANTY MUST BE CONSTRUED WHEREVER REASONABLE AS
CONSISTENT WITH EACH OTHER SUBJECT TO § 21-301 OF THIS TITLE WITH REGARD
TO PAROL OR EXTRINSIC EVIDENCE, THE DISCLAIMER OR MODIFICATION IS
INOPERATIVE TO THE EXTENT THAT SUCH CONSTRUCTION IS UNREASONABLE.
(B) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (C), (D), AND (E) OF
THIS SECTION, TO DISCLAIM OR MODIFY AN IMPLIED WARRANTY OR ANY PART OF IT,
BUT NOT THE WARRANTY IN § 21-401 OF THIS SUBTITLE, THE FOLLOWING RULES
APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION:
(A) TO DISCLAIM OR MODIFY THE IMPLIED WARRANTY ARISING
UNDER § 21-403 OF THIS SUBTITLE, LANGUAGE MUST MENTION "MERCHANTABILITY"
OR "QUALITY" OR USE WORDS OF SIMILAR IMPORT AND, IF IN A RECORD, MUST BE
CONSPICUOUS.
(B) TO DISCLAIM OR MODIFY THE IMPLIED WARRANTY ARISING
UNDER § 21-404 OF THIS SUBTITLE, LANGUAGE IN A RECORD MUST MENTION
"ACCURACY" OR USE WORDS OF SIMILAR IMPORT.
(2) LANGUAGE TO DISCLAIM OR MODIFY THE IMPLIED WARRANTY
ARISING UNDER § 21-405 OF THIS SUBTITLE MUST BE IN A RECORD AND BE
CONSPICUOUS. IT IS SUFFICIENT TO STATE "THERE IS NO WARRANTY THAT THIS
INFORMATION, OUR EFFORTS, OR THE SYSTEM WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS", OR WORDS OF SIMILAR IMPORT.
(3) LANGUAGE IN A RECORD IS SUFFICIENT TO DISCLAIM ALL IMPLIED
WARRANTIES IF IT INDIVIDUALLY DISCLAIMS EACH IMPLIED WARRANTY OR, EXCEPT
FOR THE WARRANTY IN § 21-401 OF THIS SUBTITLE, IF IT IS CONSPICUOUS AND
STATES "EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS CONTRACT, IF ANY,
THIS INFORMATION'/'COMPUTER PROGRAM' IS PROVIDED WITH ALL FAULTS, AND
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE. ACCURACY, AND
EFFORT IS WITH THE USER", OR WORDS OF SIMILAR IMPORT.
(4) A DISCLAIMER OR MODIFICATION SUFFICIENT UNDER TITLE 2 OR
TITLE 2A OF THIS ARTICLE TO DISCLAIM OR MODIFY AN IMPLIED WARRANTY OF
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- 103 -
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