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PARRIS N. GLENDENING, Governor
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Ch. 11
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LICENSEE'S OWN USE AND NOT FOR SALE, LICENSE, TRANSMISSION TO THIRD
PERSONS, OR PUBLIC DISPLAY OR PERFORMANCE FOR A FEE.
(3) "PUBLISHER" MEANS A LICENSOR, OTHER THAN A DEALER, THAT
OFFERS A LICENSE TO AN END USER WITH RESPECT TO INFORMATION DISTRIBUTED
BY A DEALER TO THE END USER
(B) IN A CONTRACT BETWEEN A DEALER AND AN END USER, IF THE END
USER'S RIGHT TO USE THE INFORMATION OR INFORMATIONAL RIGHTS IS SUBJECT
TO A LICENSE BY THE PUBLISHER AND THERE WAS NO OPPORTUNITY TO REVIEW
THE LICENSE BEFORE THE END USER BECAME OBLIGATED TO PAY THE DEALER, THE
FOLLOWING RULES APPLY:
(1) THE CONTRACT BETWEEN THE END USER AND THE DEALER IS
CONDITIONED ON THE END USER'S AGREEMENT TO THE PUBLISHER'S LICENSE.
(2) IF THE END USER DOES NOT AGREE, SUCH AS BY MANIFESTING
ASSENT, TO THE TERMS OF THE PUBLISHER'S LICENSE, THE END USER HAS A RIGHT
TO A RETURN FROM THE DEALER A RIGHT UNDER THIS PARAGRAPH IS A RETURN
FOR PURPOSES OF §§ 21-112, 21-208, AND 21-209 OF THIS TITLE.
(3) THE DEALER IS NOT BOUND BY THE TERMS, AND DOES NOT RECEIVE
THE BENEFITS, OF AN AGREEMENT BETWEEN THE PUBLISHER AND THE END USER
UNLESS THE DEALER AND END USER ADOPT THOSE TERMS AS PART OF THE
AGREEMENT.
(C) IF AN AGREEMENT PROVIDES FOR DISTRIBUTION OF COPIES ON A
TANGIBLE MEDIUM OR IN PACKAGING PROVIDED BY THE PUBLISHER OR AN
AUTHORIZED THIRD PARTY, A DEALER MAY DISTRIBUTE THOSE COPIES AND
DOCUMENTATION ONLY:
(1) IN THE FORM AS RECEIVED; AND
(2) SUBJECT TO THE TERMS OF ANY LICENSE THE PUBLISHER THAT THE
PUBLISHER PROVIDES TO THE DEALER TO BE FURNISHED TO END USERS.
(D) A DEALER THAT ENTERS INTO AN AGREEMENT WITH AN END USER IS A
LICENSOR WITH RESPECT TO THE END USER UNDER THIS TITLE.
LOSS AND IMPOSSIBILITY.
21-614. RISK OF LOSS OF COPY.
(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE RISK OF LOSS AS
TO A COPY THAT IS TO BE DELIVERED TO A LICENSEE, INCLUDING A COPY
DELIVERED BY ELECTRONIC MEANS, PASSES TO THE LICENSEE UPON ITS RECEIPT
OF THE COPY.
(B) IF AN AGREEMENT REQUIRES OR AUTHORIZES A LICENSOR TO SEND A
COPY ON A TANGIBLE MEDIUM BY CARRIER, THE FOLLOWING RULES APPLY:
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- 121 -
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