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PARRIS N. GLENDENING, Governor
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S.B. 142
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(C) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, ALL IMPLIED
WARRANTIES, BUT NOT THE WARRANTY UNDER § 21-401 OF THIS SUBTITLE, ARE
DISCLAIMED BY EXPRESSIONS LIKE "AS IS" OR "WITH ALL FAULTS" OR OTHER
LANGUAGE THAT IN COMMON UNDERSTANDING CALLS THE LICENSEE'S ATTENTION
TO THE DISCLAIMER OF WARRANTIES AND MAKES PLAIN THAT THERE ARE NO
IMPLIED WARRANTIES.
(D) IF A LICENSEE BEFORE ENTERING INTO A CONTRACT HAS EXAMINED THE
INFORMATION OR THE SAMPLE OR MODEL AS FULLY AS IT DESIRED OR HAS
REFUSED TO EXAMINE THE INFORMATION, THERE IS NO IMPLIED WARRANTY WITH
REGARD TO DEFECTS THAT AN EXAMINATION OUGHT IN THE CIRCUMSTANCES TO
HAVE REVEALED TO THE LICENSEE.
(E) AN IMPLIED WARRANTY MAY ALSO BE DISCLAIMED OR MODIFIED BY
COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
(F) IF A CONTRACT REQUIRES ONGOING PERFORMANCE OR A SERIES OF
PERFORMANCES BY THE LICENSOR, LANGUAGE OF DISCLAIMER OR MODIFICATION
WHICH COMPLIES WITH THIS SECTION IS EFFECTIVE WITH RESPECT TO ALL
PERFORMANCES UNDER THE CONTRACT.
(G) REMEDIES FOR BREACH OF WARRANTY MAY BE LIMITED IN ACCORDANCE
WITH THIS TITLE WITH RESPECT TO LIQUIDATION OR LIMITATION OF DAMAGES AND
CONTRACTUAL MODIFICATION OF REMEDY.
(H) THE PROVISIONS OF SUBSECTIONS (A) THROUGH (G) OF THIS SECTION DO
NOT APPLY TO A CONSUMER CONTRACT.
(I) (1) ANY ORAL OR WRITTEN LANGUAGE USED IN A CONSUMER
CONTRACT, WHICH ATTEMPTS TO EXCLUDE OR MODIFY ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OF A COMPUTER PROGRAM CREATED UNDER § 21-403 OF THIS
SUBTITLE, OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
UNDER § 21-405 OF THIS SUBTITLE, OR EXCLUDE OR MODIFY THE CONSUMER'S
REMEDIES FOR A BREACH OF THOSE WARRANTIES, IS UNENFORCEABLE.
(2) A MERCHANT MAY RECOVER FROM A MANUFACTURER OR A
LICENSOR THAT CAUSED THE BREACH ANY DAMAGES RESULTING FROM THE
BREACH OF IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE THAT COULD NOT BE DISCLAIMED OR MODIFIED UNDER THIS
SECTION.
(J) ANY ORAL OR WRITTEN LANGUAGE USED IN A CONSUMER CONTRACT
WHICH ATTEMPTS TO LIMIT OR MODIFY A CONSUMER'S REMEDIES FOR BREACH OF A
MERCHANT'S, LICENSOR'S, OR MANUFACTURER'S EXPRESS WARRANTIES IS
UNENFORCEABLE UNLESS THE MERCHANT, LICENSOR, OR MANUFACTURER
PROVIDES REASONABLE AND EXPEDITIOUS MEANS OF PERFORMING THE WARRANTY
OBLIGATIONS.
(K) THE PROVISIONS OF §§ 21-403 AND 21-405 OF THIS SUBTITLE DO NOT
APPLY TO:
(1) AN INFORMATION/COMPUTER PROGRAM PROVIDED FOR NO FEE,
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- 3679 -
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