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S.B. 142
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VETOES
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(2) IF THE CLAIM IS FOR BREACH OF A WARRANTY REGARDING
NONINFRINGEMENT AND THE ACCEPTING PARTY IS SUED BY A THIRD PARTY
BECAUSE OF THE BREACH, NOTIFY THE WARRANTOR WITHIN A REASONABLE TIME
AFTER RECEIVING NOTICE OF THE LITIGATION OR BE PRECLUDED FROM ANY
REMEDY OVER FOR THE LIABILITY ESTABLISHED BY THE LITIGATION.
SPECIAL TYPES OF CONTRACTS.
21-611. ACCESS CONTRACTS.
(A) IF AN ACCESS CONTRACT PROVIDES FOR ACCESS OVER A PERIOD OF TIME,
THE FOLLOWING RULES APPLY:
(1) THE LICENSEE'S RIGHTS OF ACCESS ARE TO THE INFORMATION AS
MODIFIED AND MADE COMMERCIALLY AVAILABLE BY THE LICENSOR FROM TIME TO
TIME DURING THAT PERIOD.
(2) A CHANGE IN THE CONTENT OF THE INFORMATION IS A BREACH OF
CONTRACT ONLY IF THE CHANGE CONFLICTS WITH AN EXPRESS TERM OF THE
AGREEMENT.
(3) UNLESS IT IS SUBJECT TO A CONTRACTUAL USE TERM,
INFORMATION OBTAINED BY THE LICENSEE IS FREE OF ANY USE RESTRICTION
OTHER THAN A RESTRICTION RESULTING FROM THE INFORMATIONAL RIGHTS OF
ANOTHER PERSON OR OTHER LAW.
(4) ACCESS MUST BE AVAILABLE:
(A) AT TIMES AND IN A MANNER CONFORMING TO THE EXPRESS
TERMS OF THE AGREEMENT; AND
(B) TO THE EXTENT NOT EXPRESSLY STATED IN THE AGREEMENT,
AT TIMES AND IN A MANNER REASONABLE FOR THE PARTICULAR TYPE OF
CONTRACT IN LIGHT OF THE ORDINARY STANDARDS OF THE BUSINESS, TRADE, OR
INDUSTRY.
(B) IN AN ACCESS CONTRACT THAT GIVES THE LICENSEE A RIGHT OF ACCESS
AT TIMES SUBSTANTIALLY OF ITS OWN CHOOSING DURING AGREED PERIODS, AN
OCCASIONAL FAILURE TO HAVE ACCESS AVAILABLE DURING THOSE TIMES IS NOT A
BREACH OF CONTRACT IF IT IS:
(1) CONSISTENT WITH ORDINARY STANDARDS OF THE BUSINESS,
TRADE, OR INDUSTRY FOR THE PARTICULAR TYPE OF CONTRACT; OR
(2) CAUSED BY:
(A) SCHEDULED DOWNTIME;
(B) REASONABLE NEEDS FOR MAINTENANCE;
(C) REASONABLE PERIODS OF FAILURE OF EQUIPMENT,
COMPUTER PROGRAMS, OR COMMUNICATIONS; OR
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- 3694 -
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