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S.B. 142
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VETOES
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(I) A RIGHT TO REIMBURSEMENT OP ANY PORTION OF THE
AGGREGATE CONTRACT FEE IDENTIFIED BY THE LICENSOR IN THE INITIAL
TRANSACTION AS CHARGED TO THE LICENSEE FOR ALL BUNDLED INFORMATION
PRODUCTS WHICH WAS ACTUALLY PAID, ON:
1. REJECTION OF THE RECORD BEFORE OR DURING THE
INITIAL USE OF THE BUNDLED PRODUCT;
2. PROPER REDELIVERY OF ALL COMPUTER INFORMATION
PRODUCTS IN THE BUNDLED WHOLE AND ALL COPIES OF THEM WITHIN A
REASONABLE TIME AFTER INITIAL DELIVERY OF THE INFORMATION TO THE
LICENSEE; AND
3. SUBMISSION OF PROOF OF PURCHASE; OR
(II) A RIGHT TO REIMBURSEMENT OF ANY SEPARATE
CONTRACT FEE IDENTIFIED BY THE LICENSOR IN THE INITIAL TRANSACTION AS
CHARGED TO THE LICENSEE FOR THE SEPARATE INFORMATION PRODUCT TO WHICH
THE REJECTED RECORD APPLIES, ON:
1. SUBMISSION OF PROOF OF PURCHASE; AND
2. PROPER REDELIVERY OF THAT COMPUTER INFORMATION
PRODUCT AND ALL COPIES WITHIN A REASONABLE TIME AFTER INITIAL DELIVERY
OF THE INFORMATION TO THE LICENSEE; OR
(C) IN THE CASE OF A LICENSOR THAT REJECTS A RECORD
PROPOSED BY THE LICENSEE, A RIGHT TO PROPER REDELIVERY OF THE COMPUTER
INFORMATION AND ALL COPIES FROM THE LICENSEE, TO STOP DELIVERY OR ACCESS
TO THE INFORMATION BY THE LICENSEE, AND TO REIMBURSEMENT FROM THE
LICENSEE OF AMOUNTS PAID BY THE LICENSOR WITH RESPECT TO THE REJECTED
RECORD, ON REIMBURSEMENT TO THE LICENSEE OF CONTRACT FEES THAT IT PAID
WITH RESPECT TO THE REJECTED RECORD, SUBJECT TO RECOUPMENT AND SETOFF.
(58) "SCOPE", WITH RESPECT TO TERMS OF A LICENSE, MEANS:
(A) THE LICENSED COPIES, INFORMATION, OR INFORMATIONAL
RIGHTS INVOLVED;
(B) THE USE OR ACCESS AUTHORIZED, PROHIBITED, OR
CONTROLLED;
(C) THE GEOGRAPHIC AREA, MARKET, OR LOCATION; OR
(D) THE DURATION OF THE LICENSE.
(58) (59) "SEASONABLE", WITH RESPECT TO AN ACT, MEANS TAKEN
WITHIN THE TIME AGREED OR, IF NO TIME IS AGREED, WITHIN A REASONABLE TIME.
(59) (60) "SEND" MEANS, WITH ANY COSTS PROVIDED FOR AND
PROPERLY ADDRESSED OR DIRECTED AS REASONABLE UNDER THE CIRCUMSTANCES
OR AS OTHERWISE AGREED, TO DEPOSIT A RECORD IN THE MAIL OR WITH A
COMMERCIALLY REASONABLE CARRIER, TO DELIVER A RECORD FOR TRANSMISSION
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- 3648 -
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![clear space](../../../images/clear.gif) |