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PARRIS N. GLENDENING, Governor
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Ch. 11
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(8) "CANCELLATION" MEANS THE ENDING OF A CONTRACT BY A PARTY
BECAUSE OF BREACH OF CONTRACT BY ANOTHER PARTY.
(9) "COMPUTER" MEANS AN ELECTRONIC DEVICE THAT ACCEPTS
INFORMATION IN DIGITAL OR SIMILAR FORM AND MANIPULATES IT FOR A RESULT
BASED ON A SEQUENCE OF INSTRUCTIONS.
(10) "COMPUTER INFORMATION" MEANS INFORMATION IN ELECTRONIC
FORM WHICH IS OBTAINED FROM OR THROUGH THE USE OF A COMPUTER OR WHICH
IS IN A FORM CAPABLE OF BEING PROCESSED BY A COMPUTER THE TERM INCLUDES
A COPY OF THE INFORMATION AND ANY DOCUMENTATION OR PACKAGING
ASSOCIATED WITH THE COPY.
(11) "COMPUTER INFORMATION TRANSACTION" MEANS AN AGREEMENT
OR THE PERFORMANCE OF IT TO CREATE, MODIFY TRANSFER, OR LICENSE
COMPUTER INFORMATION OR INFORMATIONAL RIGHTS IN COMPUTER
INFORMATION. THE TERM INCLUDES A SUPPORT CONTRACT UNDER § 21-612 OF THIS
TITLE. THE TERM DOES NOT INCLUDE A TRANSACTION MERELY BECAUSE THE
PARTIES' AGREEMENT PROVIDES THAT THEIR COMMUNICATIONS ABOUT THE
TRANSACTION WILL BE IN THE FORM OF COMPUTER INFORMATION.
(12) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR
INSTRUCTIONS TO BE USED DIRECTLY OR INDIRECTLY IN A COMPUTER TO BRING
ABOUT A CERTAIN RESULT. THE TERM DOES NOT INCLUDE SEPARATELY
IDENTIFIABLE INFORMATIONAL CONTENT.
(13) "CONSEQUENTIAL DAMAGES":
(A) RESULTING FROM BREACH OF CONTRACT INCLUDES (I) ANY
LOSS RESULTING FROM GENERAL OR PARTICULAR REQUIREMENTS AND NEEDS OF
WHICH THE BREACHING PARTY AT THE TIME OF CONTRACTING HAD REASON TO
KNOW AND WHICH COULD NOT REASONABLY BE PREVENTED AND (II) ANY INJURY TO
AN INDIVIDUAL OR DAMAGE TO PROPERTY OTHER THAN THE SUBJECT MATTER OF
THE TRANSACTION PROXIMATELY RESULTING FROM BREACH OF WARRANTY-
(B) RESULTING FROM WRONGFUL USE OF ELECTRONIC
SELF-HELP AS DEFINED IN $ 21-816 OF THIS TITLE INCLUDES ANY LOSS RESULTING
FROM GENERAL OR PARTICULAR REQUIREMENTS AND NEEDS OF WHICH THE PARTY
EXERCISING ELECTRONIC SELF-HELP AT THE TIME OF THE EXERCISE HAD REASON
TO KNOW AND WHICH COULD NOT REASONABLY BE PREVENTED; AND
(C) THE TERM DOES NOT INCLUDE DIRECT DAMAGES OR
INCIDENTAL DAMAGES.
(14) "CONSPICUOUS", WITH REFERENCE TO A TERM, MEANS SO WRITTEN,
DISPLAYED, OR PRESENTED THAT A REASONABLE PERSON AGAINST WHICH IT IS TO
OPERATE OUGHT TO HAVE NOTICED IT. A TERM IN AN ELECTRONIC RECORD
INTENDED TO EVOKE A RESPONSE BY AN ELECTRONIC AGENT IS CONSPICUOUS IF IT
IS PRESENTED IN A FORM THAT WOULD ENABLE A REASONABLY CONFIGURED
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- 65 -
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