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PARRIS N. GLENDENING, Governor
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Ch. 11
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(B) THAT BY THE PERSON'S OCCUPATION HOLDS ITSELF OUT AS
HAVING KNOWLEDGE OR SKILL PECULIAR TO THE RELEVANT ASPECT OF THE
BUSINESS PRACTICES OR INFORMATION INVOLVED IN THE TRANSACTION; OR
(C) TO WHICH THE KNOWLEDGE OR SKILL PECULIAR TO THE
PRACTICES OR INFORMATION INVOLVED IN THE TRANSACTION MAY BE ATTRIBUTED
BY THE PERSON'S EMPLOYMENT OF AN AGENT OR BROKER OR OTHER
INTERMEDIARY THAT BY ITS OCCUPATION HOLDS ITSELF OUT AS HAVING THE
KNOWLEDGE OR SKILL.
(46) (47) "NONEXCLUSIVE LICENSE" MEANS A LICENSE THAT DOES NOT
PRECLUDE THE LICENSOR FROM TRANSFERRING TO OTHER LICENSEES THE SAME
INFORMATION, INFORMATIONAL RIGHTS, OR CONTRACTUAL RIGHTS WITHIN THE
SAME SCOPE. THE TERM INCLUDES A CONSIGNMENT OF A COPY.
(47) (48) "NOTICE" OF A FACT MEANS KNOWLEDGE OF THE FACT,
RECEIPT OF NOTIFICATION OF THE FACT, OR REASON TO KNOW THE FACT EXISTS.
(48) (49) "NOTIFY', OR "GIVE NOTICE", MEANS TO TAKE SUCH STEPS AS
MAY BE REASONABLY REQUIRED TO INFORM THE OTHER PERSON IN THE ORDINARY
COURSE, WHETHER OR NOT THE OTHER PERSON ACTUALLY COMES TO KNOW OF IT.
(49) (50) "PARTY" MEANS A PERSON THAT ENGAGES IN A TRANSACTION
OR MAKES AN AGREEMENT UNDER THIS TITLE.
(50) (51) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS
TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION,
JOINT VENTURE, GOVERNMENTAL SUBDIVISION, INSTRUMENTALITY, OR AGENCY,
PUBLIC CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
(51) (52) "PUBLISHED INFORMATIONAL CONTENT" MEANS
INFORMATIONAL CONTENT PREPARED FOR OR MADE AVAILABLE TO RECIPIENTS
GENERALLY, OR TO A CLASS OF RECIPIENTS, IN SUBSTANTIALLY THE SAME FORM.
THE TERM DOES NOT INCLUDE INFORMATIONAL CONTENT THAT IS:
(A) CUSTOMIZED FOR A PARTICULAR RECIPIENT BY ONE OR MORE
INDIVIDUALS ACTING AS OR ON BEHALF OF THE LICENSOR, USING JUDGMENT OR
EXPERTISE; OR
(B) PROVIDED IN A SPECIAL RELATIONSHIP OF RELIANCE
BETWEEN THE PROVIDER AND THE RECIPIENT.
(52) (53) "RECEIPT" MEANS;
(A) WITH RESPECT TO A COPY, TAKING DELIVERY; OR
(B) WITH RESPECT TO A NOTICE:
(I) COMING TO A PERSON'S ATTENTION; OR
(II) BEING DELIVERED TO AND AVAILABLE AT A LOCATION OR
SYSTEM DESIGNATED BY AGREEMENT FOR THAT PURPOSE OR, IN THE ABSENCE OF
AN AGREED LOCATION OR SYSTEM:
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- 71 -
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