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S.B. 142
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PARRIS N. GLENDENING, Governor
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(D) A PERSON THAT USES AN ELECTRONIC AGENT THAT IT HAS SELECTED
FOR MAKING AN AUTHENTICATION, PERFORMANCE, OR AGREEMENT, INCLUDING
MANIFESTATION OF ASSENT, IS BOUND BY THE OPERATIONS OF THE ELECTRONIC
AGENT, EVEN IF NO INDIVIDUAL WAS AWARE OF OR REVIEWED THE AGENT'S
OPERATIONS OR THE RESULTS OF THE OPERATIONS.
21-108. PROOF AND EFFECT OF AUTHENTICATION.
(A) AUTHENTICATION MAY BE PROVEN IN ANY MANNER, INCLUDING A
SHOWING THAT A PARTY MADE USE OF INFORMATION OR ACCESS THAT COULD HAVE
BEEN AVAILABLE ONLY IF IT ENGAGED IN CONDUCT OR OPERATIONS THAT
AUTHENTICATED THE RECORD OR TERM.
(B) COMPLIANCE WITH A COMMERCIALLY REASONABLE ATTRIBUTION
PROCEDURE AGREED TO OR ADOPTED BY THE PARTIES OR ESTABLISHED BY LAW
FOR AUTHENTICATING A RECORD AUTHENTICATES THE RECORD AS A MATTER OF
LAW.
21-109. CHOICE OF LAW.
(A) THE PARTIES IN THEIR AGREEMENT MAY CHOOSE THE APPLICABLE LAW.
HOWEVER, THE CHOICE IS NOT ENFORCEABLE IN A CONSUMER CONTRACT TO THE
EXTENT IT WOULD VARY A RULE THAT MAY NOT BE VARIED BY AGREEMENT UNDER
THE LAW OF THE JURISDICTION WHOSE LAW WOULD APPLY UNDER SUBSECTIONS
(B) AND (C) OF THIS SECTION IN THE ABSENCE OF THE AGREEMENT A CONSUMER
CONTRACT SHALL BE GOVERNED BY THE LAW OF THE JURISDICTION THAT IS THE
PRINCIPAL RESIDENCE OF THE CONSUMER.
(B) IN THE ABSENCE OF AN ENFORCEABLE AGREEMENT ON CHOICE OF LAW,
THE FOLLOWING RULES DETERMINE WHICH JURISDICTION'S LAW GOVERNS IN ALL
RESPECTS FOR PURPOSES OF CONTRACT LAW:
(1) AN ACCESS CONTRACT OR A CONTRACT PROVIDING FOR
ELECTRONIC DELIVERY OF A COPY IS GOVERNED BY THE LAW OF THE JURISDICTION
IN WHICH THE LICENSOR WAS LOCATED WHEN THE AGREEMENT WAS ENTERED
INTO.
(2) A CONSUMER CONTRACT THAT REQUIRES DELIVERY OF A COPY ON A
TANGIBLE MEDIUM IS GOVERNED BY THE LAW OF THE JURISDICTION IN WHICH THE
COPY IS OR SHOULD HAVE BEEN DELIVERED TO THE CONSUMER MASS MARKET
TRANSACTION IS GOVERNED BY THE LAW OF MARYLAND.
(3) IN ALL OTHER CASES, THE CONTRACT IS GOVERNED BY THE LAW OF
THE JURISDICTION HAVING THE MOST SIGNIFICANT RELATIONSHIP TO THE
TRANSACTION.
(C) IN CASES GOVERNED BY SUBSECTION (B) OF THIS SECTION, IF THE
JURISDICTION WHOSE LAW GOVERNS IS OUTSIDE THE UNITED STATES, THE LAW OF
THAT JURISDICTION GOVERNS ONLY IF IT PROVIDES SUBSTANTIALLY SIMILAR
PROTECTIONS AND RIGHTS TO A PARTY NOT LOCATED IN THAT JURISDICTION AS
ARE PROVIDED UNDER THIS TITLE. OTHERWISE, THE LAW OF THE STATE THAT HAS
THE MOST SIGNIFICANT RELATIONSHIP TO THE TRANSACTION GOVERNS.
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- 3655 -
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