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PARRIS N. GLENDENING, Governor
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S.B. 142
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(A) DOES NOT ALTER THE APPLICABILITY OF § 21-214 OF THIS
TITLE OR THE LIMITATIONS OF § 21-816 OF THIS TITLE IF THE PARTIES HAVE AGREED
TO PERMIT THE USE OF ELECTRONIC SELF-HELP; AND
(B) IN A MASS-MARKET TRANSACTION, DOES NOT ALTER THE
APPLICABILITY UNDER THIS TITLE OF THE DOCTRINE OF UNCONSCIONABILITY OR
FUNDAMENTAL PUBLIC POLICY OR THE OBLIGATION OF GOOD FAITH.
(3) IN A MASS-MARKET TRANSACTION, ANY TERM UNDER THIS SECTION
WHICH CHANGES THE EXTENT TO WHICH THIS TITLE GOVERNS THE TRANSACTION
MUST BE CONSPICUOUS.
(4) A COPY OF A COMPUTER PROGRAM CONTAINED IN AND SOLD OR
LEASED AS PART OF GOODS AND WHICH IS EXCLUDED FROM THIS TITLE BY §
21-103(B)(1) OF THIS SUBTITLE CANNOT PROVIDE THE BASIS FOR AN AGREEMENT
UNDER THIS SECTION THAT THIS TITLE GOVERNS THE TRANSACTION.
21-105. RELATION TO FEDERAL LAW; FUNDAMENTAL PUBLIC POLICY;
TRANSACTIONS SUBJECT TO OTHER STATE LAW.
(A) (1) A PROVISION OF THIS TITLE WHICH IS PREEMPTED BY FEDERAL LAW
IS UNENFORCEABLE TO THE EXTENT OF THE PREEMPTION.
(2) A CONTRACT TERM IS UNENFORCEABLE TO THE EXTENT THAT IT
WOULD VARY A STATUTE, RULE, REGULATION, OR PROCEDURE THAT MAY NOT BE
VARIED BY AGREEMENT UNDER THE FEDERAL COPYRIGHT LAW, INCLUDING
PROVISIONS OF THE FEDERAL COPYRIGHT LAW RELATED TO FAIR USE.
(B) IF A TERM OF A CONTRACT VIOLATES A FUNDAMENTAL PUBLIC POLICY,
THE COURT MAY REFUSE TO ENFORCE THE CONTRACT, ENFORCE THE REMAINDER
OF THE CONTRACT WITHOUT THE IMPERMISSIBLE TERM, OR LIMIT THE
APPLICATION OF THE IMPERMISSIBLE TERM SO AS TO AVOID A RESULT CONTRARY
TO PUBLIC POLICY, IN EACH CASE TO THE EXTENT THAT THE INTEREST IN
ENFORCEMENT IS CLEARLY OUTWEIGHED BY A PUBLIC POLICY AGAINST
ENFORCEMENT OF THE TERM.
(C) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D) OF THIS SECTION,
IF THIS TITLE OR A TERM OF A CONTRACT UNDER THIS TITLE CONFLICTS WITH A
CONSUMER PROTECTION STATUTE OR REGULATION, INCLUDING TITLE 13 OF THIS
ARTICLE, THE CONSUMER PROTECTION STATUTE OR REGULATION GOVERNS.
(D) IF A LAW OF THIS STATE IN EFFECT ON THE EFFECTIVE DATE OF THIS
TITLE APPLIES TO A TRANSACTION GOVERNED BY THIS TITLE, THE FOLLOWING
RULES APPLY:
(1) A REQUIREMENT THAT A TERM, WAIVER, NOTICE, OR DISCLAIMER BE
IN A WRITING IS SATISFIED BY A RECORD.
(2) A REQUIREMENT THAT A RECORD, WRITING, OR TERM BE SIGNED IS
SATISFIED BY AN AUTHENTICATION.
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- 3653 -
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