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S.B. 142 VETOES
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UNLESS THE INFORMATION/COMPUTER PROGRAM IS PROVIDED IN CONJUNCTION
WITH THE SALE OR LEASE OF GOODS, SERVICES, OR ANOTHER
INFORMATION/COMPUTER PROGRAM; OR
(2) AN INFORMATION/COMPUTER PROGRAM PROVIDED AS A BETA TEST
OR SIMILAR EXPERIMENTAL VERSION OF THE INFORMATION/COMPUTER PROGRAM.
21-107. MODIFICATION OF A COMPUTER PROGRAM.
A LICENSEE THAT MODIFIES A COMPUTER PROGRAM, OTHER THAN BY USING A
CAPABILITY OF THE PROGRAM INTENDED FOR THAT PURPOSE IN THE ORDINARY
COURSE, DOES NOT INVALIDATE ANY WARRANTY REGARDING PERFORMANCE OF AN
UNMODIFIED COPY BUT DOES INVALIDATE ANY WARRANTIES, EXPRESS OR IMPLIED,
REGARDING PERFORMANCE OF THE MODIFIED COPY. A MODIFICATION OCCURS IF A
LICENSEE ALTERS CODE IN, DELETES CODE FROM, OR ADDS CODE TO THE
COMPUTER PROGRAM.
21-408. CULMINATION AND CONFLICT OF WARRANTIES.
WARRANTIES, WHETHER EXPRESS OR IMPLIED, MUST BE CONSTRUED AS
CONSISTENT WITH EACH OTHER AND AS CUMULATIVE, BUT IF THAT CONSTRUCTION
IS UNREASONABLE, THE INTENTION OF THE PARTIES DETERMINES WHICH
WARRANTY IS DOMINANT. IN ASCERTAINING THAT INTENTION, THE FOLLOWING
RULES APPLY:
(1) EXACT OR TECHNICAL SPECIFICATIONS DISPLACE AN
INCONSISTENT SAMPLE OR MODEL OR GENERAL LANGUAGE OF DESCRIPTION.
(2) A SAMPLE DISPLACES INCONSISTENT GENERAL LANGUAGE OF
DESCRIPTION.
(3) EXPRESS WARRANTIES DISPLACE INCONSISTENT IMPLIED
WARRANTIES OTHER THAN AN IMPLIED WARRANTY UNDER § 21-105(A) OF THIS
SUBTITLE.
21-409. THIRD-PARTY BENEFICIARIES OF WARRANTY.
(A) EXCEPT FOR PUBLISHED INFORMATIONAL CONTENT, A WARRANTY TO A
LICENSEE EXTENDS TO PERSONS FOR WHOSE BENEFIT THE LICENSOR INTENDS TO
SUPPLY THE INFORMATION OR INFORMATIONAL RIGHTS AND WHICH RIGHTFULLY
USE THE INFORMATION IN A TRANSACTION OR APPLICATION OF A KIND IN WHICH
THE LICENSOR INTENDS THE INFORMATION TO BE USED.
(B) A WARRANTY TO A CONSUMER EXTENDS TO EACH INDIVIDUAL CONSUMER
IN THE LICENSEE'S IMMEDIATE FAMILY OR HOUSEHOLD IF THE INDIVIDUAL'S USE
WOULD HAVE BEEN REASONABLY EXPECTED BY THE LICENSOR
(C) A CONTRACTUAL TERM THAT EXCLUDES OR LIMITS THE PERSONS TO
WHICH A WARRANTY EXTENDS IS EFFECTIVE EXCEPT AS TO INDIVIDUALS
DESCRIBED IN SUBSECTION (B) OF THIS SECTION.
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- 3680 -
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