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Ch. 11
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2000 LAWS OF MARYLAND
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(2) IT IS MADE WITHIN A REASONABLE TIME AFTER TENDER OR
COMPLETION OF ANY PERMITTED EFFORT TO CURE; AND
(3) THE REFUSING PARTY SEASONABLY NOTIFIES THE TENDERING
PARTY OF THE REFUSAL.
(D) EXCEPT IN A CASE GOVERNED BY SUBSECTION (B) OF THIS SECTION, A
PARTY THAT RIGHTFULLY REFUSES TENDER OF A COPY MAY CANCEL THE
CONTRACT ONLY IF THE TENDER WAS A MATERIAL BREACH OF THE WHOLE
CONTRACT OR THE AGREEMENT SO PROVIDES.
21-705. COPY: CONTRACT WITH PREVIOUS VESTED GRANT OF RIGHTS.
IF AN AGREEMENT GRANTS A RIGHT IN OR PERMISSION TO USE
INFORMATIONAL RIGHTS WHICH PRECEDES OR IS OTHERWISE INDEPENDENT OF
THE DELIVERY OF A COPY, THE FOLLOWING RULES APPLY:
(1) A PARTY MAY REFUSE A TENDER OF A COPY WHICH IS A MATERIAL
BREACH AS TO THAT COPY, BUT REFUSAL OF THAT TENDER DOES NOT CANCEL THE
CONTRACT.
(2) IN A CASE GOVERNED BY PARAGRAPH (1) OF THIS SUBSECTION, THE
TENDERING PARTY MAY CURE THE BREACH BY SEASONABLY PROVIDING A
CONFORMING COPY BEFORE THE BREACH BECOMES MATERIAL AS TO THE WHOLE
CONTRACT.
(3) A BREACH THAT IS MATERIAL WITH RESPECT TO A COPY ALLOWS
CANCELLATION OF THE CONTRACT ONLY IF THE BREACH CANNOT BE SEASONABLY
CURED AND IS A MATERIAL BREACH OF THE WHOLE CONTRACT.
21-706. COPY: DUTIES UPON RIGHTFUL REFUSAL.
(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AFTER RIGHTFUL
REFUSAL OR REVOCATION OF ACCEPTANCE OF A COPY, THE FOLLOWING RULES
APPLY:
(1) IF THE REFUSING PARTY RIGHTFULLY CANCELS THE CONTRACT, §
21-802 OF THIS TITLE APPLIES AND ALL CONTRACTUAL USE TERMS CONTINUE.
(2) IF THE CONTRACT IS NOT CANCELED, THE PARTIES REMAIN BOUND
BY ALL CONTRACTUAL OBLIGATIONS.
(B) ON RIGHTFUL REFUSAL OR REVOCATION OF ACCEPTANCE OF A COPY, THE
FOLLOWING RULES APPLY TO THE EXTENT CONSISTENT WITH § 21-802 OF THIS
TITLE:
(1) ANY USE, SALE, DISPLAY, PERFORMANCE, OR TRANSFER OF THE
COPY OR INFORMATION IT CONTAINS, OR ANY FAILURE TO COMPLY WITH A
CONTRACTUAL USE TERM, IS A BREACH OF CONTRACT. THE LICENSEE SHALL PAY
THE LICENSOR THE REASONABLE VALUE OF ANY USE. HOWEVER, USE FOR A
LIMITED TIME WITHIN CONTRACTUAL USE TERMS IS NOT A BREACH, AND IS NOT AN
ACCEPTANCE UNDER § 21-609(A)(5) OF THIS TITLE, IF IT:
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- 128 -
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