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S.B. 142
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PARRIS N. GLENDENING, Governor
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(B) A WARRANTY DOES NOT ARISE UNDER SUBSECTION (A) OF THIS SECTION
WITH RESPECT TO:
(1) PUBLISHED INFORMATIONAL CONTENT; OR
(2) A PERSON THAT ACTS AS A CONDUIT OR PROVIDES NO MORE THAN
EDITORIAL SERVICES IN COLLECTING, COMPILING, DISTRIBUTING, PROCESSING,
PROVIDING, OR TRANSMITTING INFORMATIONAL CONTENT THAT UNDER THE
CIRCUMSTANCES CAN BE IDENTIFIED AS THAT OF A THIRD PERSON.
(C) THE WARRANTY UNDER THIS SECTION IS NOT SUBJECT TO THE
PRECLUSION IN § 21-113(A)(1) OF THIS TITLE ON DISCLAIMING OBLIGATIONS OF
DILIGENCE, REASONABLENESS, OR CARE.
21-405. IMPLIED WARRANTY: LICENSEE'S PURPOSE; SYSTEM INTEGRATION.
(A) UNLESS THE WARRANTY IS DISCLAIMED OR MODIFIED, IF A LICENSOR AT
THE TIME OF CONTRACTING HAS REASON TO KNOW ANY PARTICULAR PURPOSE FOR
WHICH THE COMPUTER INFORMATION IS REQUIRED AND THAT THE LICENSEE IS
RELYING ON THE LICENSOR'S SKILL OR JUDGMENT TO SELECT, DEVELOP, OR
FURNISH SUITABLE INFORMATION, THE FOLLOWING RULES APPLY:
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2), THERE IS AN
IMPLIED WARRANTY THAT THE INFORMATION IS FIT FOR THAT PURPOSE.
(2) IF FROM ALL THE CIRCUMSTANCES IT APPEARS THAT THE LICENSOR
WAS TO BE PAID FOR THE AMOUNT OF ITS TIME OR EFFORT REGARDLESS OF THE
FITNESS OF THE RESULTING INFORMATION, THE WARRANTY UNDER PARAGRAPH (1)
IS THAT THE INFORMATION WILL NOT FAIL TO ACHIEVE THE LICENSEE'S
PARTICULAR PURPOSE AS A RESULT OF THE LICENSOR'S LACK OF REASONABLE
EFFORT.
(B) THERE IS NO WARRANTY UNDER SUBSECTION (A) OF THIS SECTION WITH
REGARD TO:
(1) THE AESTHETICS, APPEAL, SUITABILITY TO TASTE, OR SUBJECTIVE
QUALITY OF INFORMATIONAL CONTENT; OR
(2) PUBLISHED INFORMATIONAL CONTENT, BUT THERE MAY BE A
WARRANTY WITH REGARD TO THE LICENSOR'S SELECTION AMONG PUBLISHED
INFORMATIONAL CONTENT FROM DIFFERENT PROVIDERS IF THE SELECTION IS
MADE BY AN INDIVIDUAL ACTING AS OR ON BEHALF OF THE LICENSOR.
(C) IF AN AGREEMENT REQUIRES A LICENSOR TO PROVIDE OR SELECT A
SYSTEM CONSISTING OF COMPUTER PROGRAMS AND GOODS, AND THE LICENSOR
HAS REASON TO KNOW THAT THE LICENSEE IS RELYING ON THE SKILL OR
JUDGMENT OF THE LICENSOR TO SELECT THE COMPONENTS OF THE SYSTEM,
THERE IS AN IMPLIED WARRANTY THAT THE COMPONENTS PROVIDED OR SELECTED
WILL FUNCTION TOGETHER AS A SYSTEM.
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- 3677 -
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