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PARRIS N. GLENDENING, Governor
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Ch. 11
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(IV) OTHER EFFORTS AFTER THE BREACH TO MINIMIZE OR
AVOID LOSS RESULTING FROM THE BREACH; AND
(V) MATTERS OTHERWISE INCIDENT TO THE BREACH; AND
(B) DOES NOT INCLUDE CONSEQUENTIAL DAMAGES OR DIRECT
DAMAGES.
(35) "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, MASK
WORKS, OR COMPUTER PROGRAMS, INCLUDING COLLECTIONS AND COMPILATIONS
OF THEM.
(36) "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC
SYSTEM FOR CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING,
OR PROCESSING INFORMATION.
(37) "INFORMATIONAL CONTENT" MEANS INFORMATION THAT IS
INTENDED TO BE COMMUNICATED TO OR PERCEIVED BY AN INDIVIDUAL IN THE
ORDINARY USE OF THE INFORMATION, OR THE EQUIVALENT OF THAT INFORMATION.
(38) "INFORMATIONAL RIGHTS" INCLUDE ALL RIGHTS IN INFORMATION
CREATED UNDER LAWS GOVERNING PATENTS, COPYRIGHTS, MASK WORKS, TRADE
SECRETS, TRADEMARKS, PUBLICITY RIGHTS, OR ANY OTHER LAW THAT GIVES A
PERSON, INDEPENDENTLY OF CONTRACT, A RIGHT TO CONTROL OR PRECLUDE
ANOTHER PERSON'S USE OF OR ACCESS TO THE INFORMATION ON THE BASIS OF THE
RIGHTS HOLDER'S INTEREST IN THE INFORMATION.
(39) "INSURANCE SERVICES TRANSACTION" MEANS AN AGREEMENT
THAT PROVIDES FOR, OR A TRANSACTION THAT IS, OR ENTAILS ACCESS TO, USE,
TRANSFER, CLEARANCE, SETTLEMENT, OR PROCESSING OF:
(A) AN INSURANCE POLICY, CONTRACT, OR CERTIFICATE; OR
(B) A RIGHT TO PAYMENT UNDER AN INSURANCE POLICY,
CONTRACT, OR CERTIFICATE.
(39) (40) "KNOWLEDGE", WITH RESPECT TO A FACT, MEANS ACTUAL
KNOWLEDGE OF THE FACT.
(40) (41) "LICENSE" MEANS A CONTRACT THAT AUTHORIZES ACCESS TO,
OR USE, DISTRIBUTION, PERFORMANCE, MODIFICATION, OR REPRODUCTION OF,
INFORMATION OR INFORMATIONAL RIGHTS, BUT EXPRESSLY LIMITS THE ACCESS OR
USES AUTHORIZED OR EXPRESSLY GRANTS FEWER THAN ALL RIGHTS IN THE
INFORMATION, WHETHER OR NOT THE TRANSFEREE HAS TITLE TO A LICENSED
COPY. THE TERM INCLUDES AN ACCESS CONTRACT, A LEASE OF A COMPUTER
PROGRAM, AND A CONSIGNMENT OF A COPY. THE TERM DOES NOT INCLUDE A
RESERVATION OR CREATION OF A SECURITY INTEREST TO THE EXTENT THE
INTEREST IS GOVERNED BY TITLE 9 OF THIS ARTICLE.
(41) (42) "LICENSEE" MEANS A PERSON ENTITLED BY AGREEMENT TO
ACQUIRE OR EXERCISE RIGHTS IN, OR TO HAVE ACCESS TO OR USE OF, COMPUTER
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- 69 -
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