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Ch. 11
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2000 LAWS OF MARYLAND
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(C) A PAYMENT ORDER, CREDIT CARD TRANSACTION, DEBIT CARD
TRANSACTION, FUNDS TRANSFER, AUTOMATED CLEARINGHOUSE TRANSFER, OR
SIMILAR WHOLESALE OR RETAIL TRANSFER OF FUNDS;
(D) A LETTER OF CREDIT, DOCUMENT OF TITLE, FINANCIAL ASSET,
INVESTMENT PROPERTY, OR SIMILAR ASSET HELD IN A FIDUCIARY OR AGENCY
CAPACITY; OR
(E) RELATED IDENTIFYING, VERIFYING, ACCESS-ENABLING,
AUTHORIZING, OR MONITORING INFORMATION.
(31) "FINANCIER" MEANS A PERSON THAT PROVIDES A FINANCIAL
ACCOMMODATION TO A LICENSEE UNDER A FINANCIAL ACCOMMODATION
CONTRACT AND EITHER (I) BECOMES A LICENSEE FOR THE PURPOSE OF
TRANSFERRING OR SUBLICENSING THE LICENSE TO THE PARTY TO WHICH THE
FINANCIAL ACCOMMODATION IS PROVIDED OR (II) OBTAINS A CONTRACTUAL RIGHT
UNDER THE FINANCIAL ACCOMMODATION CONTRACT TO PRECLUDE THE
LICENSEE'S USE OF THE INFORMATION OR INFORMATIONAL RIGHTS UNDER A
LICENSE IN THE EVENT OF BREACH OF THE FINANCIAL ACCOMMODATION
CONTRACT. THE TERM DOES NOT INCLUDE A PERSON THAT SELECTS, CREATES, OR
SUPPLIES THE INFORMATION THAT IS THE SUBJECT OF THE LICENSE, OWNS THE
INFORMATIONAL RIGHTS IN THE INFORMATION, OR PROVIDES SUPPORT FOR,
MODIFICATIONS TO, OR MAINTENANCE OF THE INFORMATION.
(32) "GOOD FAITH" MEANS HONESTY IN FACT AND THE OBSERVANCE OF
REASONABLE COMMERCIAL STANDARDS OF FAIR DEALING.
(33) "GOODS" MEANS ALL THINGS THAT ARE MOVABLE AT THE TIME
RELEVANT TO THE COMPUTER INFORMATION TRANSACTION. THE TERM INCLUDES
THE UNBORN YOUNG OF ANIMALS, GROWING CROPS, AND OTHER IDENTIFIED
THINGS TO BE SEVERED FROM REALTY WHICH ARE COVERED BY § 2-107 OF THIS
ARTICLE. THE TERM DOES NOT INCLUDE COMPUTER INFORMATION, MONEY, THE
SUBJECT MATTER OF FOREIGN EXCHANGE TRANSACTIONS, DOCUMENTS, LETTERS
OF CREDIT, LETTER-OF-CREDIT RIGHTS, INSTRUMENTS, INVESTMENT PROPERTY,
ACCOUNTS, CHATTEL PAPER, DEPOSIT ACCOUNTS, OR GENERAL INTANGIBLES.
(34) "INCIDENTAL DAMAGES" RESULTING FROM BREACH OF CONTRACT:
(A) MEANS COMPENSATION FOR ANY COMMERCIALLY
REASONABLE CHARGES, EXPENSES, OR COMMISSIONS REASONABLY INCURRED BY
AN AGGRIEVED PARTY WITH RESPECT TO:
(I) INSPECTION, RECEIPT, TRANSMISSION,
TRANSPORTATION, CARE, OR CUSTODY OF IDENTIFIED COPIES OR INFORMATION
THAT IS THE SUBJECT OF THE BREACH;
(II) STOPPING DELIVERY, SHIPMENT, OR TRANSMISSION;
(III) EFFECTING COVER OR RETRANSFER OF COPIES OR
INFORMATION AFTER THE BREACH;
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- 68 -
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