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S.B. 142
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VETOES
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(2) A DISPLAY OR DESCRIPTION OF A PORTION OF THE INFORMATION TO
ILLUSTRATE THE AESTHETICS, APPEAL, SUITABILITY TO TASTE, SUBJECTIVE
QUALITY, OR THE LIKE OF INFORMATIONAL CONTENT; OR
(3) A STATEMENT PURPORTING TO BE MERELY THE LICENSOR'S
OPINION OR COMMENDATION OF THE INFORMATION OR INFORMATIONAL RIGHTS.
(C) AN EXPRESS WARRANTY OR SIMILAR EXPRESS CONTRACTUAL
OBLIGATION, IF ANY, EXISTS WITH RESPECT TO PUBLISHED INFORMATIONAL
CONTENT COVERED BY THIS TITLE TO THE SAME EXTENT THAT IT WOULD EXIST IF
THE PUBLISHED INFORMATIONAL CONTENT HAD BEEN PUBLISHED IN A FORM THAT
PLACED IT OUTSIDE THIS TITLE, HOWEVER, IF THE WARRANTY OR SIMILAR EXPRESS
CONTRACTUAL OBLIGATION IS BREACHED, THE REMEDIES OF THE AGGRIEVED
PARTY ARE THOSE UNDER THIS TITLE AND THE AGREEMENT.
21-403. IMPLIED WARRANTY: MERCHANTABILITY OF A COMPUTER PROGRAM.
(A) UNLESS THE WARRANTY IS DISCLAIMED OR MODIFIED, A LICENSOR THAT
IS A MERCHANT WITH RESPECT TO COMPUTER PROGRAMS OF THE KIND WARRANTS':
(1) TO THE END USER THAT THE COMPUTER PROGRAM IS FIT FOR THE
ORDINARY PURPOSES FOR WHICH SUCH COMPUTER PROGRAMS ARE USED;
(2) TO THE DISTRIBUTOR THAT:
(A) THE PROGRAM IS ADEQUATELY PACKAGED AND LABELED AS
THE AGREEMENT REQUIRES; AND
(B) IN THE CASE OF MULTIPLE COPIES, THE COPIES ARE WITHIN
THE VARIATIONS PERMITTED BY THE AGREEMENT, OF EVEN KIND, QUALITY, AND
QUANTITY WITHIN EACH UNIT AND AMONG ALL UNITS INVOLVED; AND
(3) THAT THE PROGRAM CONFORMS TO ANY PROMISES OR
AFFIRMATIONS OF FACT MADE ON THE CONTAINER OR LABEL.
(B) UNLESS DISCLAIMED OR MODIFIED, OTHER IMPLIED WARRANTIES WITH
RESPECT TO COMPUTER PROGRAMS MAY ARISE FROM COURSE OF DEALING OR
USAGE OF TRADE.
(C) NO WARRANTY IS CREATED UNDER THIS SECTION WITH RESPECT TO
INFORMATIONAL CONTENT, BUT AN IMPLIED WARRANTY MAY ARISE UNDER § 21-404
OF THIS SUBTITLE.
21-404. IMPLIED WARRANTY: INFORMATIONAL CONTENT.
(A) UNLESS THE WARRANTY IS DISCLAIMED OR MODIFIED, A MERCHANT
THAT, IN A SPECIAL RELATIONSHIP OF RELIANCE WITH A LICENSEE, COLLECTS,
COMPILES, PROCESSES, PROVIDES, OR TRANSMITS INFORMATIONAL CONTENT
WARRANTS TO THAT LICENSEE THAT THERE IS NO INACCURACY IN THE
INFORMATIONAL CONTENT CAUSED BY THE MERCHANT'S FAILURE TO PERFORM
WITH REASONABLE CARE.
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- 3676 -
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