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S.B. 142
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VETOES
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(1) IN A RECORD TO WHICH THE RELEASING PARTY AGREES, SUCH AS
BY MANIFESTING ASSENT, AND WHICH IDENTIFIES THE INFORMATIONAL RIGHTS
RELEASED; OR
(2) ENFORCEABLE UNDER ESTOPPEL, IMPLIED LICENSE, OR OTHER
LAW.
(B) A RELEASE CONTINUES FOR THE DURATION OF THE INFORMATIONAL
RIGHTS RELEASED IF THE RELEASE DOES NOT SPECIFY ITS DURATION AND DOES
NOT REQUIRE AFFIRMATIVE PERFORMANCE AFTER THE GRANT OF THE RELEASE BY:
(1) THE PARTY GRANTING THE RELEASE; OR
(2) THE PARTY RECEIVING THE RELEASE, EXCEPT FOR RELATIVELY
INSIGNIFICANT ACTS.
(C) IN CASES NOT GOVERNED BY SUBSECTION (B) OF THIS SECTION, THE
DURATION OF A RELEASE IS GOVERNED BY § 21-308 OF THIS TITLE.
TERMS OF RECORDS.
21-208. ADOPTING TERMS OF RECORDS.
EXCEPT AS OTHERWISE PROVIDED IN § 21-209 OF THIS SUBTITLE, THE
FOLLOWING RULES APPLY:
(1) A PARTY ADOPTS THE TERMS OF A RECORD, INCLUDING A STANDARD
FORM, AS THE TERMS OF THE CONTRACT IF THE PARTY AGREES TO THE RECORD,
SUCH AS BY MANIFESTING ASSENT.
(2) THE TERMS OF A RECORD MAY BE ADOPTED PURSUANT TO
PARAGRAPH (1) OF THIS SECTION AFTER BEGINNING PERFORMANCE OR USE IF THE
PARTIES HAD REASON TO KNOW THAT THEIR AGREEMENT WOULD BE REPRESENTED
IN WHOLE OR PART BY A LATER RECORD TO BE AGREED ON AND THERE WOULD NOT
BE AN OPPORTUNITY TO REVIEW THE RECORD OR A COPY OF IT BEFORE
PERFORMANCE OR USE BEGINS. IF THE PARTIES FAIL TO AGREE TO THE LATER
TERMS AND DID NOT INTEND TO FORM A CONTRACT UNLESS THEY SO AGREED, §
21-202(E) OF THIS SUBTITLE APPLIES.
(3) IF A PARTY ADOPTS THE TERMS OF A RECORD, THE TERMS BECOME
PART OF THE CONTRACT WITHOUT REGARD TO THE PARTY'S KNOWLEDGE OR
UNDERSTANDING OF INDIVIDUAL TERMS IN THE RECORD, EXCEPT FOR A TERM THAT
IS UNENFORCEABLE BECAUSE IT FAILS TO SATISFY ANOTHER REQUIREMENT OF
THIS TITLE.
21-209. MASS-MARKET LICENSE.
(A) A PARTY ADOPTS THE TERMS OF A MASS-MARKET LICENSE FOR
PURPOSES OF § 21-208 OF THIS SUBTITLE ONLY IF THE PARTY AGREES TO THE
LICENSE, SUCH AS BY MANIFESTING ASSENT, BEFORE OR DURING THE PARTY'S
INITIAL PERFORMANCE OR USE OF OR ACCESS TO THE INFORMATION. A TERM IS NOT
PART OF THE LICENSE IF:
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- 3664 -
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