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PARRIS N. GLENDENING, Governor S.B. 142
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(C) (E) IF THE PARTIES AGREE TO PERMIT ELECTRONIC SELF-HELP, A
LICENSEE SHALL SEPARATELY MANIFEST ASSENT TO A TERM AUTHORIZING USE OF
ELECTRONIC SELF-HELP. THE TERM MUST:
(1) PROVIDE FOR NOTICE OF EXERCISE AS PROVIDED IN SUBSECTION
(D) (F) OF THIS SECTION;
(2) STATE THE NAME OF THE PERSON DESIGNATED BY THE LICENSEE
TO WHICH NOTICE OF EXERCISE MUST BE GIVEN AND THE MANNER IN WHICH
NOTICE MUST BE GIVEN AND PLACE TO WHICH NOTICE MUST BE SENT TO THAT
PERSON; AND
(3) PROVIDE A SIMPLE PROCEDURE FOR THE LICENSEE TO CHANGE THE
DESIGNATED PERSON OR PLACE.
(F) BEFORE RESORTING TO ELECTRONIC SELF-HELP AUTHORIZED BY A
TERM OF THE LICENSE, THE LICENSOR SHALL GIVE NOTICE IN A RECORD TO THE
PERSON DESIGNATED BY THE LICENSEE STATING:
(1) THAT THE LICENSOR INTENDS TO RESORT TO ELECTRONIC
SELF-HELP AS A REMEDY ON OR AFTER 15 30 DAYS FOLLOWING RECEIPT BY THE
LICENSEE OF THE NOTICE,
(2) THE NATURE OF THE CLAIMED BREACH THAT ENTITLES THE
LICENSOR TO RESORT TO SELF-HELP; AND
(3) THE NAME, TITLE, AND ADDRESS, INCLUDING DIRECT TELEPHONE
NUMBER, FACSIMILE NUMBER, OR E-MAIL ADDRESS, TO WHICH THE LICENSEE MAY
COMMUNICATE CONCERNING THE CLAIMED BREACH.
(E) (G) A LICENSEE MAY RECOVER DIRECT AND INCIDENTAL DAMAGES
CAUSED BY WRONGFUL USE OF ELECTRONIC SELF-HELP. THE LICENSEE MAY ALSO
RECOVER CONSEQUENTIAL DAMAGES FOR WRONGFUL USE OF ELECTRONIC
SELF-HELP, WHETHER OR NOT THOSE DAMAGES ARE EXCLUDED BY THE TERMS OF
THE LICENSE, IF:
(1) WITHIN THE PERIOD SPECIFIED IN SUBSECTION (D)(1) (F)(1) OF THIS
SECTION, THE LICENSEE GIVES NOTICE TO THE LICENSOR'S DESIGNATED PERSON
DESCRIBING IN GOOD FAITH THE GENERAL NATURE AND MAGNITUDE OF DAMAGES;
(2) THE LICENSOR HAS REASON TO KNOW THE DAMAGES OF THE TYPE
DESCRIBED IN SUBSECTION (F) (H) OF THIS SECTION MAY RESULT FROM THE
WRONGFUL USE OF ELECTRONIC SELF-HELP; OR
(3) THE LICENSOR DOES NOT PROVIDE THE NOTICE REQUIRED IN
SUBSECTION (D)(F) OF THIS SECTION.
(F) (H) EVEN IF THE LICENSOR COMPLIES WITH SUBSECTIONS (C) (E) AND
(D) (F) OF THIS SECTION, ELECTRONIC SELF-HELP MAY NOT BE USED IF THE
LICENSOR HAS REASON TO KNOW THAT ITS USE WILL RESULT IN SUBSTANTIAL
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- 3717 -
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