§ 22-401. Warranty and obligations concerning noninterference and noninfringement
West's Annotated Code of MarylandCommercial Law
MD Code, Commercial Law, § 22-401
§ 22-401. Warranty and obligations concerning noninterference and noninfringement
(a) A licensor of information that is a merchant regularly dealing in information of the kind warrants that the information will be delivered free of the rightful claim of any third person by way of infringement or misappropriation, but a licensee that furnishes detailed specifications to the licensor and the method required for meeting the specifications holds the licensor harmless against any such claim that arises out of compliance with either the required specification or the required method except for a claim that results from the failure of the licensor to adopt, or notify the licensee of, a noninfringing alternative of which the licensor had reason to know.
(2) The obligations under subsections (a) and (b)(2) of this section apply solely to informational rights arising under the laws of the United States or a state, unless the contract expressly provides that the warranty obligations extend to rights under the laws of other countries. Language is sufficient for this purpose if it states “The licensor warrants ‘exclusivity’, ‘noninfringement’, ‘in specified countries', ‘worldwide’ ”, or words of similar import. In that case, the warranty extends to the specified country or, in the case of a reference to “worldwide” or the like, to all countries within the description, but only to the extent the rights are recognized under a treaty or international convention to which the country and the United States are signatories.
(d) Except as otherwise provided in subsection (e) of this section, a warranty under this section may be disclaimed or modified only by specific language or by circumstances that give the licensee reason to know that the licensor does not warrant that competing claims do not exist or that the licensor purports to grant only the rights it may have. In an automated transaction, language is sufficient if it is conspicuous. Otherwise, language in a record is sufficient if it states “There is no warranty against interference with your enjoyment of the information or against infringement”, or words of similar import.
Credits
Added by Acts 2000, c. 11, § 1, eff. Oct. 1, 2000.
MD Code, Commercial Law, § 22-401, MD COML § 22-401
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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