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Ch. 11
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2000 LAWS OF MARYLAND
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(D) A PARTY HAS A RIGHT TO AN EXPEDITED JUDICIAL HEARING ON A
REQUEST FOR PREJUDGMENT RELIEF TO ENFORCE OR PROTECT ITS RIGHTS UNDER
THIS SECTION.
(E) THE RIGHT TO POSSESSION UNDER THIS SECTION IS NOT AVAILABLE TO
THE EXTENT THAT THE INFORMATION, BEFORE BREACH OF THE LICENSE AND IN
THE ORDINARY COURSE OF PERFORMANCE UNDER THE LICENSE, WAS SO ALTERED
OR COMMINGLED THAT THE INFORMATION IS NO LONGER IDENTIFIABLE OR
SEPARABLE.
(F) A LICENSEE THAT PROVIDES INFORMATION TO A LICENSOR SUBJECT TO
CONTRACTUAL USE TERMS HAS THE RIGHTS AND IS SUBJECT TO THE LIMITATIONS
OF A LICENSOR UNDER THIS SECTION WITH RESPECT TO THE INFORMATION IT
PROVIDES.
21-816. LIMITATIONS ON ELECTRONIC SELF-HELP.
(A) IN THIS SECTION, "ELECTRONIC SELF-HELP" MEANS THE USE OF
ELECTRONIC MEANS TO EXERCISE A LICENSOR'S RIGHTS UNDER § 21-815(B) OF THIS
SUBTITLE.
(B) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ELECTRONIC
SELF-HELP IS PROHIBITED IN MASS-MARKET TRANSACTIONS.
(C) PRIOR TO CANCELLATION OF A LICENSE IN WHICH THE PARTIES HAVE
AGREED TO PERMIT THE USE OF ELECTRONIC SELF-HELP, THE LICENSOR SHALL
PROVIDE A LICENSEE WITH THE OPPORTUNITY TO CURE THE CLAIMED BREACH
GIVING RISE TO THE CANCELLATION AS PROVIDED IN § 21-703 OF THIS TITLE.
(B) (D) ON CANCELLATION OF A LICENSE, ELECTRONIC SELF-HELP IS NOT
PERMITTED, EXCEPT AS PROVIDED IN THIS SECTION.
(C) (E) IF THE PARTIES AGREE TO PERMIT ELECTRONIC SELF-HELP, A
LICENSEE SHALL SEPARATELY MANIFEST ASSENT TO A TERM AUTHORIZING USE OF
ELECTRONIC SELF-HELP. THE TERM MUST:
(1) PROVIDE FOR NOTICE OF EXERCISE AS PROVIDED IN SUBSECTION
(D) (F) OF THIS SECTION;
(2) STATE THE NAME OF THE PERSON DESIGNATED BY THE LICENSEE
TO WHICH NOTICE OF EXERCISE MUST BE GIVEN AND THE MANNER IN WHICH
NOTICE MUST BE GIVEN AND PLACE TO WHICH NOTICE MUST BE SENT TO THAT
PERSON; AND
(3) PROVIDE A SIMPLE PROCEDURE FOR THE LICENSEE TO CHANGE THE
DESIGNATED PERSON OR PLACE.
(D) (F) BEFORE RESORTING TO ELECTRONIC SELF-HELP AUTHORIZED BY A
TERM OF THE LICENSE, THE LICENSOR SHALL GIVE NOTICE IN A RECORD TO THE
PERSON DESIGNATED BY THE LICENSEE STATING:
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- 142 -
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