|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 11
|
|
2000 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1. BEING DELIVERED AT THE PERSON'S RESIDENCE, OR THE
PERSON'S PLACE OF BUSINESS THROUGH WHICH THE CONTRACT WAS MADE, OR AT
ANY OTHER PLACE HELD OUT BY THE PERSON AS A PLACE FOR RECEIPT OF
COMMUNICATIONS OF THE KIND; OR
2. IN THE CASE OF AN ELECTRONIC NOTICE, COMING INTO
EXISTENCE IN AN INFORMATION PROCESSING SYSTEM OR AT AN ADDRESS IN THAT
SYSTEM IN A FORM CAPABLE OF BEING PROCESSED BY OR PERCEIVED FROM A
SYSTEM OF THAT TYPE BY A RECIPIENT, IF THE RECIPIENT USES, OR OTHERWISE
HAS DESIGNATED OR HOLDS OUT, THAT PLACE OR SYSTEM FOR RECEIPT OF NOTICES
OF THE KIND TO BE GIVEN AND THE SENDER DOES NOT KNOW THAT THE NOTICE
CANNOT BE ACCESSED FROM THAT PLACE.
(53) (54) "RECEIVE" MEANS TO TAKE RECEIPT.
(54) (55) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A
TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND
IS RETRIEVABLE IN PERCEIVABLE FORM.
(55) (56) "RELEASE" MEANS AN AGREEMENT BY A PARTY NOT TO OBJECT
TO, OR EXERCISE ANY RIGHTS OR PURSUE ANY REMEDIES TO LIMIT, THE USE OF
INFORMATION OR INFORMATIONAL RIGHTS WHICH AGREEMENT DOES NOT REQUIRE
AN AFFIRMATIVE ACT BY THE PARTY TO ENABLE OR SUPPORT THE OTHER PARTY'S
USE OF THE INFORMATION OR INFORMATIONAL RIGHTS. THE TERM INCLUDES A
WAIVER OF INFORMATIONAL RIGHTS.
(56) (57) "RETURN", WITH RESPECT TO A RECORD CONTAINING
CONTRACTUAL TERMS THAT WERE REJECTED, REFERS ONLY TO THE COMPUTER
INFORMATION AND MEANS:
(A) IN THE CASE OF A LICENSEE THAT REJECTS A RECORD
REGARDING A SINGLE INFORMATION PRODUCT TRANSFERRED FOR A SINGLE
CONTRACT FEE, A RIGHT TO REIMBURSEMENT OF THE CONTRACT FEE PAID FROM
THE PERSON TO WHICH IT WAS PAID OR FROM ANOTHER PERSON THAT OFFERS TO
REIMBURSE THAT FEE, ON:
(I) SUBMISSION OF PROOF OF PURCHASE; AND
(II) PROPER REDELIVERY OF THE COMPUTER INFORMATION
AND ALL COPIES WITHIN A REASONABLE TIME AFTER INITIAL DELIVERY OF THE
INFORMATION TO THE LICENSEE;
(B) IN THE CASE OF A LICENSEE THAT REJECTS A RECORD
REGARDING AN INFORMATION PRODUCT PROVIDED AS PART OF MULTIPLE
INFORMATION PRODUCTS INTEGRATED INTO AND TRANSFERRED AS A BUNDLED
WHOLE BUT RETAINING THEIR SEPARATE IDENTITY:
(I) A RIGHT TO REIMBURSEMENT OF ANY PORTION OF THE
AGGREGATE CONTRACT FEE IDENTIFIED BY THE LICENSOR IN THE INITIAL
TRANSACTION AS CHARGED TO THE LICENSEE FOR ALL BUNDLED INFORMATION
PRODUCTS WHICH WAS ACTUALLY PAID, ON:
|
|
|
|
|
|
|
|
|
|
- 72 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
