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PARRIS N. GLENDENING, Governor
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S.B. 142
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(1) THE TERM IS UNCONSCIONABLE OR,
(2) THE TERM IS UNENFORCEABLE, AFTER WEIGHING FUNDAMENTAL
PUBLIC POLICIES, INCLUDING FUNDAMENTAL PUBLIC POLICIES CONCERNING
COMPETITION OR INNOVATION, UNDER § 21-105(A) OR (B) OF THIS TITLE; OR
(2) (3) SUBJECT TO § 21-301 OF THIS TITLE, THE TERM CONFLICTS
WITH A TERM TO WHICH THE PARTIES TO THE LICENSE HAVE EXPRESSLY AGREED;
OR
(4) THE TERM IS NOT AVAILABLE FOR VIEWING BEFORE AND AFTER
ASSENT:
(I) IN A PRINTED LICENSE OR, OR
(II) IN ELECTRONIC FORM THAT:
1. CAN BE PRINTED OR STORED FOR ARCHIVAL AND REVIEW
PURPOSES BY THE LICENSEE; OR
2. IS MADE AVAILABLE BY A LICENSOR TO A LICENSEE. AT
NO COST TO THE LICENSEE, IN A PRINTED FORM ON THE REQUEST OF A LICENSEE
THAT IS UNABLE TO PRINT OR STORE THE LICENSE FOR ARCHIVAL AND REVIEW
PURPOSES.
(B) IF A MASS-MARKET LICENSE OR A COPY OF THE LICENSE IS NOT
AVAILABLE IN A MANNER PERMITTING AN OPPORTUNITY TO REVIEW BY THE
LICENSEE BEFORE THE LICENSEE BECOMES OBLIGATED TO PAY AND THE LICENSEE
DOES NOT AGREE, SUCH AS BY MANIFESTING ASSENT, TO THE LICENSE AFTER
HAVING AN OPPORTUNITY TO REVIEW, THE LICENSEE IS ENTITLED TO A RETURN
UNDER § 21-112 OF THIS TITLE AND, IN ADDITION, TO:
(1) REIMBURSEMENT OF ANY REASONABLE EXPENSES INCURRED IN
COMPLYING WITH THE LICENSOR'S INSTRUCTIONS FOR RETURNING OR DESTROYING
THE COMPUTER INFORMATION OR, IN THE ABSENCE OF INSTRUCTIONS, EXPENSES
INCURRED FOR RETURN POSTAGE OR SIMILAR REASONABLE EXPENSE IN
RETURNING THE COMPUTER INFORMATION; AND
(2) COMPENSATION FOR ANY REASONABLE AND FORESEEABLE COSTS
OF RESTORING THE LICENSEE'S INFORMATION PROCESSING SYSTEM TO REVERSE
CHANGES IN THE SYSTEM CAUSED BY THE INSTALLATION, IF:
(A) THE INSTALLATION OCCURS BECAUSE INFORMATION MUST BE
INSTALLED TO ENABLE REVIEW OF THE LICENSE; AND
(B) THE INSTALLATION ALTERS THE SYSTEM OR INFORMATION IN
IT BUT DOES NOT RESTORE THE SYSTEM OR INFORMATION AFTER REMOVAL OF THE
INSTALLED INFORMATION BECAUSE THE LICENSEE REJECTED THE LICENSE.
(C) IN A MASS-MARKET TRANSACTION, IF THE LICENSOR DOES NOT HAVE AN
OPPORTUNITY TO REVIEW A RECORD CONTAINING PROPOSED TERMS FROM THE
LICENSEE BEFORE THE LICENSOR DELIVERS OR BECOMES OBLIGATED TO DELIVER
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- 3665 -
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