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S.B. 142
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VETOES
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INFORMATIONAL RIGHTS INVOLVED AND THE COMMERCIAL CIRCUMSTANCES
EXISTING AT THE TIME OF THE AGREEMENT.
(D) UNLESS OTHERWISE AGREED, A PARTY IS NOT ENTITLED TO ANY RIGHTS
IN NEW VERSIONS OF, OR IMPROVEMENTS OR MODIFICATIONS TO, INFORMATION
MADE BY THE OTHER PARTY. A LICENSOR'S AGREEMENT TO PROVIDE NEW VERSIONS,
IMPROVEMENTS, OR MODIFICATIONS REQUIRES THAT THE LICENSOR PROVIDE
THEM AS DEVELOPED AND MADE GENERALLY COMMERCIALLY AVAILABLE FROM
TIME TO TIME BY THE LICENSOR
(E) UNLESS OTHERWISE AGREED, NEITHER PARTY IS ENTITLED TO RECEIVE
COPIES OF SOURCE CODE, SCHEMATICS, MASTER COPY, DESIGN MATERIAL, OR
OTHER INFORMATION USED BY THE OTHER PARTY IN CREATING, DEVELOPING, OR
IMPLEMENTING THE INFORMATION.
(F) TERMS CONCERNING SCOPE MUST BE CONSTRUED UNDER ORDINARY
PRINCIPLES OF CONTRACT INTERPRETATION IN LIGHT OF THE INFORMATIONAL
RIGHTS AND THE COMMERCIAL CONTEXT. IN ADDITION, THE FOLLOWING RULES
APPLY:
(1) A GRANT OF "ALL POSSIBLE RIGHTS AND FOR ALL MEDIA" OR "ALL
RIGHTS AND FOR ALL MEDIA NOW KNOWN OR LATER DEVELOPED", OR A GRANT IN
SIMILAR TERMS, INCLUDES ALL RIGHTS THEN EXISTING OR LATER CREATED BY LAW
AND ALL USES, MEDIA, AND METHODS OF DISTRIBUTION OR EXHIBITION, WHETHER
THEN EXISTING OR DEVELOPED IN THE FUTURE AND WHETHER OR NOT
ANTICIPATED AT THE TIME OF THE GRANT.
(2) A GRANT OF AN "EXCLUSIVE LICENSE", OR A GRANT IN SIMILAR
TERMS, MEANS THAT:
(A) FOR THE DURATION OF THE LICENSE, THE LICENSOR WILL NOT
EXERCISE, AND WILL NOT GRANT TO ANY OTHER PERSON, RIGHTS IN THE SAME
INFORMATION OR INFORMATIONAL RIGHTS WITHIN THE SCOPE OF THE EXCLUSIVE
GRANT; AND
(B) THE LICENSOR AFFIRMS THAT IT HAS NOT PREVIOUSLY
GRANTED THOSE RIGHTS IN A CONTRACT IN EFFECT WHEN THE LICENSEE'S RIGHTS
MAY BE EXERCISED.
(G) THE RULES IN THIS SECTION MAY BE VARIED ONLY BY A RECORD THAT IS
SUFFICIENT TO INDICATE THAT A CONTRACT HAS BEEN MADE AND WHICH IS:
(1) AUTHENTICATED BY THE PARTY AGAINST WHICH ENFORCEMENT IS
SOUGHT; OR
(2) PREPARED AND DELIVERED BY ONE PARTY AND ADOPTED BY THE
OTHER UNDER § 21-208 OR § 21-209 OF THIS TITLE.
21-308. DURATION OF CONTRACT.
IF AN AGREEMENT DOES NOT SPECIFY ITS DURATION, TO THE EXTENT
ALLOWED BY OTHER LAW, THE FOLLOWING RULES APPLY:
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- 3672 -
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