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S.B. 142
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VETOES
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FINANCING ARRANGEMENTS.
21-507. FINANCING IF FINANCIER DOES NOT BECOME LICENSEE.
IF A FINANCIER DOES NOT BECOME A LICENSEE IN CONNECTION WITH ITS
FINANCIAL ACCOMMODATION CONTRACT, THE FOLLOWING RULES APPLY:
(1) THE FINANCIER DOES NOT RECEIVE THE BENEFITS OR BURDENS OF
THE LICENSE.
(2) THE LICENSEE'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE
INFORMATION AND INFORMATIONAL RIGHTS ARE GOVERNED BY:
(A) THE LICENSE;
(B) ANY RIGHTS OF THE LICENSOR UNDER OTHER LAW; AND
(C) TO THE EXTENT NOT INCONSISTENT WITH SUBPARAGRAPHS (A)
AND (B) OF THIS PARAGRAPH, ANY FINANCIAL ACCOMMODATION CONTRACT
BETWEEN THE FINANCIER AND THE LICENSEE, WHICH MAY ADD ADDITIONAL
CONDITIONS TO THE LICENSEE'S RIGHT TO USE THE LICENSED INFORMATION OR
INFORMATIONAL RIGHTS.
21-508. FINANCE LICENSES.
(A) IF A FINANCIER BECOMES A LICENSEE IN CONNECTION WITH ITS
FINANCIAL ACCOMMODATION CONTRACT AND THEN TRANSFERS ITS CONTRACTUAL
INTEREST UNDER THE LICENSE, OR SUBLICENSES THE LICENSED COMPUTER
INFORMATION OR INFORMATIONAL RIGHTS, TO A LICENSEE RECEIVING THE
FINANCIAL ACCOMMODATION, THE FOLLOWING RULES APPLY:
(1) THE TRANSFER OR SUBLICENSE TO THE ACCOMMODATED LICENSEE
IS NOT EFFECTIVE UNLESS:
(A) THE TRANSFER OR SUBLICENSE IS EFFECTIVE UNDER § 21-503
OF THIS TITLE; OR
(B) THE FOLLOWING CONDITIONS ARE FULFILLED:
(I) BEFORE THE LICENSOR DELIVERED THE INFORMATION
OR GRANTED THE LICENSE TO THE FINANCIER, THE LICENSOR RECEIVED NOTICE IN
A RECORD FROM THE FINANCIER GIVING THE NAME AND LOCATION OF THE
ACCOMMODATED LICENSEE AND CLEARLY INDICATING THAT THE LICENSE WAS
BEING OBTAINED IN ORDER TO TRANSFER THE CONTRACTUAL INTEREST OR
SUBLICENSE THE LICENSED INFORMATION OR INFORMATIONAL RIGHTS TO THE
ACCOMMODATED LICENSEE;
(II) THE FINANCIER BECAME A LICENSEE SOLELY TO MAKE
THE FINANCIAL ACCOMMODATION; AND
(III) THE ACCOMMODATED LICENSEE ADOPTS THE TERMS OF
THE LICENSE, WHICH TERMS MAY BE SUPPLEMENTED BY THE FINANCIAL
ACCOMMODATION CONTRACT, TO THE EXTENT THE TERMS OF THE FINANCIAL
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- 3684 -
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