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2000 LAWS OF MARYLAND
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Ch. 11
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INFORMATION UNDER AN AGREEMENT TO WHICH THIS TITLE APPLIES. A LICENSOR
IS NOT A LICENSEE WITH RESPECT TO RIGHTS RESERVED TO IT UNDER THE
AGREEMENT.
(42) (43) "LICENSOR" MEANS A PERSON OBLIGATED BY AGREEMENT TO
TRANSFER OR CREATE RIGHTS IN, OR TO GIVE ACCESS TO OR USE OF, COMPUTER
INFORMATION OR INFORMATIONAL RIGHTS IN IT UNDER AN AGREEMENT TO WHICH
THIS TITLE APPLIES. BETWEEN THE PROVIDER OF ACCESS AND A PROVIDER OF THE
INFORMATIONAL CONTENT TO BE ACCESSED, THE PROVIDER OF CONTENT IS THE
LICENSOR IN AN EXCHANGE OF INFORMATION OR INFORMATIONAL RIGHTS, EACH
PARTY IS A LICENSOR WITH RESPECT TO THE INFORMATION, INFORMATIONAL
RIGHTS, OR ACCESS IT GIVES.
(43) (44) "MASS-MARKET LICENSE" MEANS A STANDARD FORM USED IN
A MASS-MARKET TRANSACTION.
(44) (45) "MASS-MARKET TRANSACTION" MEANS A TRANSACTION THAT
IS:
(A) A CONSUMER CONTRACT; OR
(B) ANY OTHER TRANSACTION WITH AN END-USER LICENSEE IF:
(I) THE TRANSACTION IS FOR INFORMATION OR
INFORMATIONAL RIGHTS DIRECTED TO THE GENERAL PUBLIC AS A WHOLE,
INCLUDING CONSUMERS, UNDER SUBSTANTIALLY THE SAME TERMS FOR THE SAME
INFORMATION;
(II) THE LICENSEE ACQUIRES THE INFORMATION OR
INFORMATIONAL RIGHTS IN A RETAIL TRANSACTION UNDER TERMS AND IN A
QUANTITY CONSISTENT WITH AN ORDINARY TRANSACTION IN A RETAIL MARKET;
AND
(III) THE TRANSACTION IS NOT:
1. A CONTRACT FOR REDISTRIBUTION OR FOR PUBLIC
PERFORMANCE OR PUBLIC DISPLAY OF A COPYRIGHTED WORK;
2. A TRANSACTION IN WHICH THE INFORMATION IS
CUSTOMIZED OR OTHERWISE SPECIALLY PREPARED BY THE LICENSOR FOR THE
LICENSEE, OTHER THAN MINOR CUSTOMIZATION USING A CAPABILITY OF THE
INFORMATION INTENDED FOR THAT PURPOSE;
3. A SITE LICENSE; OR
4. AN ACCESS CONTRACT.
(45) (46) "MERCHANT" MEANS A PERSON:
(A) THAT DEALS IN INFORMATION OR INFORMATIONAL RIGHTS OF
THE KIND INVOLVED IN THE TRANSACTION;
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- 70 -
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