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PARRIS N. GLENDENING, Governor S.B. 142
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authorizing parties to an agreement within the scope of this Act to expressly
agree that certain provisions of this Act do not apply to the agreement;
prohibiting parties to an agreement within the scope of this Act from agreeing
that certain provisions of this Act do not apply to the agreement; providing that
certain federal and State laws override the provisions of this Act; providing that
this Act overrides certain provisions of State law; establishing certain choice of
law and choice of forum provisions for legal disputes within the scope of this Act
under certain circumstances; establishing certain provisions of law recognizing
the legal existence of and the actions of computers programmed by individuals
to act as electronic agents; establishing certain provisions of law governing the
formation of an agreement within the scope of this Act; establishing certain
provisions of law that a court is required to use in interpreting an agreement or
a term contained in an agreement; establishing certain provisions of law that a
court is required to use in interpreting whether a valid agreement or valid term
contained in an agreement exists within the scope of this Act; creating certain
warranties that are applicable to agreements to create, modify, transfer,
distribute, or license computer software, computer data and databases, Internet
and online information, and certain other computer information and products
under certain circumstances; making the warranties created under this Act
available to an individual who is a party to an agreement within the scope of
this Act and to certain other individuals; establishing provisions for the
disclaimer or modification of certain warranties created by this Act under
certain circumstances; establishing provisions of law applicable to the
ownership and transfer rights of parties to an agreement to sell or license
computer information within the scope of this Act; establishing provisions of law
applicable to financing the sale or license of computer information within the
scope of this Act; establishing provisions of law applicable to the parties'
performance of obligations under an agreement within the scope of this Act;
specifying certain circumstances excusing or terminating the parties'
performance of obligations under an agreement within the scope of this Act;
establishing provisions of law applicable to actions by a party sufficient to
constitute a breach or material breach of an agreement within the scope of this
Act; specifying the remedies available to an aggrieved party as the result of the
breach or material breach of an agreement within the scope of this Act; defining
certain terms; providing that this Act does not affect certain requirements of the
digital signature pilot program; making provisions of this Act severable;
providing that this Act does not impair any existing obligation or contract right;
providing for the prospective application of this Act; establishing a Joint
Oversight Committee on Technology; providing for the membership and duties
of the Joint Committee; providing for the effective dates of this Act; providing for
the termination of a portion of this Act; and generally relating to agreements
created electronically or through the Internet, agreements to create, modify,
transfer, distribute, and license computer information, and certain other
matters within the scope of the Maryland Uniform Computer Information
Transactions Act.
BY repealing and reenacting, with amendments,
Article - Commercial Law
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- 3637 -
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