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S.B. 142
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VETOES
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(4) THE RESTRAINT PREVENTS USE AFTER THE CONTRACT
TERMINATES, OTHER THAN ON EXPIRATION OF A STATED DURATION OR NUMBER OF
USES, AND THE LICENSOR GIVES REASONABLE NOTICE TO THE LICENSEE BEFORE
FURTHER USE IS PREVENTED.
(C) THIS SECTION DOES NOT AUTHORIZE AN AUTOMATIC RESTRAINT THAT
AFFIRMATIVELY PREVENTS OR MAKES IMPRACTICABLE A LICENSEE'S ACCESS TO ITS
OWN INFORMATION OR INFORMATION OF A THIRD PARTY, OTHER THAN THE
LICENSOR, IF THAT INFORMATION IS IN THE POSSESSION OF THE LICENSEE OR A
THIRD PARTY AND ACCESSED WITHOUT USE OF THE LICENSOR'S INFORMATION OR
INFORMATIONAL RIGHTS.
(D) A PARTY THAT INCLUDES OR USES AN AUTOMATIC RESTRAINT
CONSISTENT WITH SUBSECTION (B) OR (C) OF THIS SECTION IS NOT LIABLE FOR ANY
LOSS CAUSED BY THE USE OF THE RESTRAINT.
(E) THIS SECTION DOES NOT PRECLUDE ELECTRONIC REPLACEMENT OR
DISABLING OF AN EARLIER COPY OF INFORMATION BY THE LICENSOR IN
CONNECTION WITH DELIVERY OF A NEW COPY OR VERSION UNDER AN AGREEMENT
TO REPLACE OR DISABLE THE EARLIER COPY BY ELECTRONIC MEANS WITH AN
UPGRADE OR OTHER NEW INFORMATION.
(F) THIS SECTION DOES NOT AUTHORIZE USE OF AN AUTOMATIC RESTRAINT
TO ENFORCE REMEDIES IN THE EVENT OF BREACH OF CONTRACT OR OF
CANCELLATION FOR BREACH.
PERFORMANCE IN DELIVERY OF COPIES.
21-606. COPY: DELIVERY; TENDER OF DELIVERY.
(A) DELIVERY OF A COPY MUST BE AT THE LOCATION DESIGNATED BY
AGREEMENT. IN THE ABSENCE OF A DESIGNATION, THE FOLLOWING RULES APPLY:
(1) THE PLACE FOR DELIVERY OF A COPY ON A TANGIBLE MEDIUM IS
THE TENDERING PARTY'S PLACE OF BUSINESS OR, IF IT HAS NONE, ITS RESIDENCE.
HOWEVER, IF THE PARTIES KNOW AT THE TIME OF CONTRACTING THAT THE COPY IS
LOCATED IN SOME OTHER PLACE, THAT PLACE IS THE PLACE FOR DELIVERY.
(2) THE PLACE FOR ELECTRONIC DELIVERY OF A COPY IS AN
INFORMATION PROCESSING SYSTEM DESIGNATED OR USED BY THE LICENSOR.
(3) DOCUMENTS OF TITLE MAY BE DELIVERED THROUGH CUSTOMARY
BANKING CHANNELS.
(B) TENDER OF DELIVERY OF A COPY REQUIRES THE TENDERING PARTY TO
PUT AND HOLD A CONFORMING COPY AT THE OTHER PARTY'S DISPOSITION AND GIVE
THE OTHER PARTY ANY NOTICE REASONABLY NECESSARY TO ENABLE IT TO OBTAIN
ACCESS TO, CONTROL, OR POSSESSION OF THE COPY. TENDER MUST BE AT A
REASONABLE HOUR AND, IF APPLICABLE, REQUIRES TENDER OF ACCESS MATERIAL
AND OTHER DOCUMENTS REQUIRED BY THE AGREEMENT. THE PARTY RECEIVING
TENDER SHALL FURNISH FACILITIES REASONABLY SUITED TO RECEIVE TENDER IN
ADDITION, THE FOLLOWING RULES APPLY:
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- 3690 -
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