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S.B. 142
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VETOES
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INJURY OR HARM TO THE PUBLIC HEALTH OR SAFETY OR GRAVE HARM TO THE
PUBLIC INTEREST SUBSTANTIALLY AFFECTING THIRD PERSONS NOT INVOLVED IN
THE DISPUTE.
(G) (I) A COURT OF COMPETENT JURISDICTION OF THIS STATE SHALL GIVE
PROMPT CONSIDERATION TO A PETITION FOR INJUNCTIVE RELIEF AND MAY ENJOIN,
TEMPORARILY OR PERMANENTLY, THE LICENSOR FROM EXERCISING ELECTRONIC
SELF-HELP EVEN IF AUTHORIZED BY A LICENSE TERM OR ENJOIN THE LICENSEE
FROM MISAPPROPRIATION OR MISUSE OF COMPUTER INFORMATION, AS MAY BE
APPROPRIATE, UPON CONSIDERATION OF THE FOLLOWING:
(1) GRAVE HARM OF THE KINDS STATED IN SUBSECTION (F) (H) OF THIS
SECTION, OR THE THREAT THEREOF, WHETHER OR NOT THE LICENSOR HAS REASON
TO KNOW OF THOSE CIRCUMSTANCES;
(2) IRREPARABLE HARM OR THREAT OF IRREPARABLE HARM TO THE
LICENSEE OR LICENSOR;
(3) THAT THE PARTY SEEKING THE RELIEF IS MORE LIKELY THAN NOT
TO SUCCEED UNDER ITS CLAIM WHEN IT IS FINALLY ADJUDICATED;
(4) THAT ALL OF THE CONDITIONS TO ENTITLE A PERSON TO THE
RELIEF UNDER THE LAWS OF THIS STATE HAVE BEEN FULFILLED; AND
(5) THAT THE PARTY THAT MAY BE ADVERSELY AFFECTED IS
ADEQUATELY PROTECTED AGAINST LOSS, INCLUDING A LOSS BECAUSE OF
MISAPPROPRIATION OR MISUSE OF COMPUTER INFORMATION, THAT IT MAY SUFFER
BECAUSE THE RELIEF IS GRANTED UNDER THIS TITLE.
(H) (J) BEFORE BREACH OF CONTRACT, RIGHTS OR OBLIGATIONS UNDER
THIS SECTION MAY NOT BE WAIVED OR VARIED BY AN AGREEMENT, BUT EXCEPT
THAT THE PARTIES MAY PROHIBIT USE OF ELECTRONIC SELF-HELP AND THE
PARTIES, IN THE TERM REFERRED TO IN SUBSECTION (C) (E) OF THIS SECTION, MAY
SPECIFY ADDITIONAL PROVISIONS MORE FAVORABLE TO THE LICENSEE.
(I) (K) THIS SECTION DOES NOT APPLY IF THE LICENSOR OBTAINS
POSSESSION OF A COPY WITHOUT A BREACH OF THE PEACE AND THE ELECTRONIC
SELF-HELP IS USED SOLELY WITH RESPECT TO THAT COPY.
(L) THIRD PERSONS HARMED BY THE WRONGFUL USE OF ELECTRONIC
SELF HELP UNDER THIS SECTION MAY RECOVER DAMAGES FROM THE LICENSOR TO
THE SAME EXTENT AS RECOVERABLE BY THE LICENSEE.
Article - Courts and Judicial Proceedings
6-103.
(a) If jurisdiction over a person is based solely upon this section, he may be
sued only on a cause of action arising from any act enumerated in this section.
(b) A court may exercise personal jurisdiction over a person, who directly or by
an agent:
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- 3718 -
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