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PARRIS N. GLENDENING, Governor
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Ch. 11
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(1) THAT THE LICENSOR INTENDS TO RESORT TO ELECTRONIC
SELF-HELP AS A REMEDY ON OR AFTER 15 30 DAYS FOLLOWING RECEIPT BY THE
LICENSEE OF THE NOTICE;
(2) THE NATURE OF THE CLAIMED BREACH THAT ENTITLES THE
LICENSOR TO RESORT TO SELF-HELP; AND
(3) THE NAME, TITLE, AND ADDRESS, INCLUDING DIRECT TELEPHONE
NUMBER, FACSIMILE NUMBER, OR E-MAIL ADDRESS, TO WHICH THE LICENSEE MAY
COMMUNICATE CONCERNING THE CLAIMED BREACH.
(E) (G) A LICENSEE MAY RECOVER DIRECT AND INCIDENTAL DAMAGES
CAUSED BY WRONGFUL USE OF ELECTRONIC SELF-HELP. THE LICENSEE MAY ALSO
RECOVER CONSEQUENTIAL DAMAGES FOR WRONGFUL USE OF ELECTRONIC
SELF-HELP, WHETHER OR NOT THOSE DAMAGES ARE EXCLUDED BY THE TERMS OF
THE LICENSE, IF:
(1) WITHIN THE PERIOD SPECIFIED IN SUBSECTION (D)(1) (F)(1) OF THIS
SECTION, THE LICENSEE GIVES NOTICE TO THE LICENSOR'S DESIGNATED PERSON
DESCRIBING IN GOOD FAITH THE GENERAL NATURE AND MAGNITUDE OF DAMAGES;
(2) THE LICENSOR HAS REASON TO KNOW THE DAMAGES OF THE TYPE
DESCRIBED IN SUBSECTION (F) (H) OF THIS SECTION MAY RESULT FROM THE
WRONGFUL USE OF ELECTRONIC SELF-HELP; OR
(3) THE LICENSOR DOES NOT PROVIDE THE NOTICE REQUIRED IN
SUBSECTION (D) (F) OF THIS SECTION.
(F) (H) EVEN IF THE LICENSOR COMPLIES WITH SUBSECTIONS (C) (E) AND
(D) (F) OF THIS SECTION, ELECTRONIC SELF-HELP MAY NOT BE USED IF THE
LICENSOR HAS REASON TO KNOW THAT ITS USE WILL RESULT IN SUBSTANTIAL
INJURY OR HARM TO THE PUBLIC HEALTH OR SAFETY OR GRAVE HARM TO THE
PUBLIC INTEREST SUBSTANTIALLY AFFECTING THIRD PERSONS NOT INVOLVED IN
THE DISPUTE.
(G) (I) A COURT OF COMPETENT JURISDICTION OF THIS STATE SHALL GIVE
PROMPT CONSIDERATION TO A PETITION FOR INJUNCTIVE RELIEF AND MAY ENJOIN,
TEMPORARILY OR PERMANENTLY, THE LICENSOR FROM EXERCISING ELECTRONIC
SELF-HELP EVEN IF AUTHORIZED BY A LICENSE TERM OR ENJOIN THE LICENSEE
FROM MISAPPROPRIATION OR MISUSE OF COMPUTER INFORMATION, AS MAY BE
APPROPRIATE, UPON CONSIDERATION OF THE FOLLOWING:
(1) GRAVE HARM OF THE KINDS STATED IN SUBSECTION (F) (H) OF THIS
SECTION, OR THE THREAT THEREOF, WHETHER OR NOT THE LICENSOR HAS REASON
TO KNOW OF THOSE CIRCUMSTANCES;
(2) IRREPARABLE HARM OR THREAT OF IRREPARABLE HARM TO THE
LICENSEE OR LICENSOR;
(3) THAT THE PARTY SEEKING THE RELIEF IS MORE LIKELY THAN NOT
TO SUCCEED UNDER ITS CLAIM WHEN IT IS FINALLY ADJUDICATED;
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- 143 -
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