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PARRIS N. GLENDENING, Governor
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Ch. 11
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ACQUIRE AN INTEREST IN INFORMATION. COPIES, OR THE CONTRACTUAL OR
INFORMATIONAL RIGHTS OF THE LICENSEE UNLESS THE TRANSFER IS EFFECTIVE
UNDER § 21-503 OR § 21-508(A)(1)(B) OF THIS SUBTITLE. IF THE TRANSFER IS
EFFECTIVE, THE TRANSFEREE TAKES SUBJECT TO THE TERMS OF THE LICENSE.
(B) EXCEPT AS OTHERWISE PROVIDED UNDER TRADE SECRET LAW, A
TRANSFEREE ACQUIRES NO MORE THAN THE CONTRACTUAL INTEREST OR OTHER
RIGHTS THAT THE TRANSFEROR WAS AUTHORIZED TO TRANSFER
FINANCING ARRANGEMENTS.
21-507. FINANCING IF FINANCIER DOES NOT BECOME LICENSEE.
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 OTHER LAW; AND
(C) TO THE EXTENT NOT INCONSISTENT WITH SUBPARAGRAPHS (A)
AND (B) OF THIS PARAGRAPH, ANY FINANCIAL ACCOMMODATION CONTRACT
BETWEEN THE FINANCIER AND THE LICENSEE, WHICH MAY ADD ADDITIONAL
CONDITIONS TO THE LICENSEE'S RIGHT TO USE THE LICENSED INFORMATION OR
INFORMATIONAL RIGHTS.
21-508. FINANCE LICENSES.
(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 TRANSFER OR SUBLICENSE IS EFFECTIVE UNDER § 21-503
OF THIS TITLE; OR
(B) THE FOLLOWING CONDITIONS ARE FULFILLED:
(I) BEFORE THE LICENSOR DELIVERED THE INFORMATION
OR GRANTED THE LICENSE TO THE FINANCIER, THE LICENSOR RECEIVED NOTICE IN
A RECORD FROM THE FINANCIER GIVING THE NAME AND LOCATION OF THE
ACCOMMODATED LICENSEE AND CLEARLY INDICATING THAT THE LICENSE WAS
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- 109 -
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