|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor Ch. 11
|
|
|
|
|
|
|
|
MERCHANT'S, LICENSOR'S, OR MANUFACTURER'S EXPRESS WARRANTIES IS
UNENFORCEABLE UNLESS THE MERCHANT, LICENSOR, OR MANUFACTURER
PROVIDES REASONABLE AND EXPEDITIOUS MEANS OF PERFORMING THE WARRANTY
OBLIGATIONS.
(K) THE PROVISIONS OF §§ 21-403 AND 21-405 OF THIS SUBTITLE DO NOT
APPLY TO:
(1) AN INFORMATION/COMPUTER PROGRAM PROVIDED FOR NO FEE,
UNLESS THE INFORMATION/COMPUTER PROGRAM IS PROVIDED IN CONJUNCTION
WITH THE SALE OR LEASE OF GOODS, SERVICES, OR ANOTHER
INFORMATION/PROGRAM; OR
(2) AN INFORMATION/COMPUTER PROGRAM PROVIDED AS A BETA TEST
OR SIMILAR EXPERIMENTAL VERSION OF THE INFORMATION/COMPUTER PROGRAM.
21-407. MODIFICATION OF A COMPUTER PROGRAM.
A LICENSEE THAT MODIFIES A COMPUTER PROGRAM, OTHER THAN BY USING A
CAPABILITY OF THE PROGRAM INTENDED FOR THAT PURPOSE IN THE ORDINARY
COURSE, DOES NOT INVALIDATE ANY WARRANTY REGARDING PERFORMANCE OF AN
UNMODIFIED COPY BUT DOES INVALIDATE ANY WARRANTIES, EXPRESS OR IMPLIED,
REGARDING PERFORMANCE OF THE MODIFIED COPY. A MODIFICATION OCCURS IF A
LICENSEE ALTERS CODE IN, DELETES CODE FROM, OR ADDS CODE TO THE
COMPUTER PROGRAM.
21-408. CULMINATION AND CONFLICT OF WARRANTIES.
WARRANTIES, WHETHER EXPRESS OR IMPLIED, MUST BE CONSTRUED AS
CONSISTENT WITH EACH OTHER AND AS CUMULATIVE, BUT IF THAT CONSTRUCTION
IS UNREASONABLE, THE INTENTION OF THE PARTIES DETERMINES WHICH
WARRANTY IS DOMINANT. IN ASCERTAINING THAT INTENTION, THE FOLLOWING
RULES APPLY:
(1) EXACT OR TECHNICAL SPECIFICATIONS DISPLACE AN
INCONSISTENT SAMPLE OR MODEL OR GENERAL LANGUAGE OF DESCRIPTION.
(2) A SAMPLE DISPLACES INCONSISTENT GENERAL LANGUAGE OF
DESCRIPTION.
(3) EXPRESS WARRANTIES DISPLACE INCONSISTENT IMPLIED
WARRANTIES OTHER THAN AN IMPLIED WARRANTY UNDER § 21-405(A) OF THIS
SUBTITLE.
21-409. THIRD-PARTY BENEFICIARIES OF WARRANTY.
(A) EXCEPT FOR PUBLISHED INFORMATIONAL CONTENT, A WARRANTY TO A
LICENSEE EXTENDS TO PERSONS FOR WHOSE BENEFIT THE LICENSOR INTENDS TO
SUPPLY THE INFORMATION OR INFORMATIONAL RIGHTS AND WHICH RIGHTFULLY
USE THE INFORMATION IN A TRANSACTION OR APPLICATION OF A KIND IN WHICH
THE LICENSOR INTENDS THE INFORMATION TO BE USED.
|
|
|
|
|
|
|
|
- 105 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
![clear space](../../../images/clear.gif) |