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VETOES
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S.B. 142
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(2) TO PREVENT THE CONTINUED EXERCISE OF CONTRACTUAL AND
INFORMATIONAL RIGHTS IN THE LICENSED INFORMATION UNDER THE LICENSE.
(B) EXCEPT AS OTHERWISE PROVIDED IN § 21-814 OF THIS SUBTITLE, A
LICENSOR MAY EXERCISE ITS RIGHTS UNDER SUBSECTION (A) OF THIS SECTION
WITHOUT JUDICIAL PROCESS ONLY IF THIS CAN BE DONE:
(1) WITHOUT A BREACH OF THE PEACE;
(2) WITHOUT A FORESEEABLE RISK OF PERSONAL INJURY OR
SIGNIFICANT PHYSICAL DAMAGE TO INFORMATION OR PROPERTY OTHER THAN THE
LICENSED INFORMATION; AND
(3) IN ACCORDANCE WITH § 21-816 OF THIS SUBTITLE.
(C) IN A JUDICIAL PROCEEDING, THE COURT MAY ENJOIN A LICENSEE IN
BREACH OF CONTRACT FROM CONTINUED USE OF THE INFORMATION AND
INFORMATIONAL RIGHTS AND MAY ORDER THE LICENSOR OR A JUDICIAL OFFICER
TO TAKE THE STEPS DESCRIBED IN § 21-618 OF THIS TITLE.
(D) A PARTY HAS A RIGHT TO AN EXPEDITED JUDICIAL HEARING ON A
REQUEST FOR PREJUDGMENT RELIEF TO ENFORCE OR PROTECT ITS RIGHTS UNDER
THIS SECTION.
(E) THE RIGHT TO POSSESSION UNDER THIS SECTION IS NOT AVAILABLE TO
THE EXTENT THAT THE INFORMATION, BEFORE BREACH OF THE LICENSE AND IN
THE ORDINARY COURSE OF PERFORMANCE UNDER THE LICENSE, WAS SO ALTERED
OR COMMINGLED THAT THE INFORMATION IS NO LONGER IDENTIFIABLE OR
SEPARABLE.
(F) A LICENSEE THAT PROVIDES INFORMATION TO A LICENSOR SUBJECT TO
CONTRACTUAL USE TERMS HAS THE RIGHTS AND IS SUBJECT TO THE LIMITATIONS
OF A LICENSOR UNDER THIS SECTION WITH RESPECT TO THE INFORMATION IT
PROVIDES.
21-816. LIMITATIONS ON ELECTRONIC SELF-HELP.
(A) IN THIS SECTION, "ELECTRONIC SELF-HELP" MEANS THE USE OF
ELECTRONIC MEANS TO EXERCISE A LICENSOR'S RIGHTS UNDER § 21-815(B) OF THIS
SUBTITLE.
(B) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ELECTRONIC
SELF-HELP IS PROHIBITED IN MASS-MARKET TRANSACTIONS.
(C) PRIOR TO CANCELLATION OF A LICENSE IN WHICH THE PARTIES HAVE
AGREED TO PERMIT THE USE OF ELECTRONIC SELF-HELP. THE LICENSOR SHALL
PROVIDE A LICENSEE WITH THE OPPORTUNITY TO CURE THE CLAIMED BREACH
GIVING RISE TO THE CANCELLATION AS PROVIDED IN § 21-703 OF THIS TITLE.
(B) (D) ON CANCELLATION OF A LICENSE, ELECTRONIC SELF-HELP IS NOT
PERMITTED, EXCEPT AS PROVIDED IN THIS SECTION.
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- 3716 -
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