Section 22-403 - Implied warranty: Merchantability of a computer program. - Maryland Statutes

§ 22-403. Implied warranty: Merchantability of a computer program.
 

(a)  In general.- Unless the warranty is disclaimed or modified, a licensor that is a merchant with respect to computer programs of the kind warrants: 

(1) To the end user that the computer program is fit for the ordinary purposes for which such computer programs are used; 

(2) To the distributor that: 

(A) The program is adequately packaged and labeled as the agreement requires; and 

(B) In the case of multiple copies, the copies are within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved; and 

(3) That the program conforms to any promises or affirmations of fact made on the container or label. 

(b)  Other warranties arising from course of dealing or usage of trade.- Unless disclaimed or modified, other implied warranties with respect to computer programs may arise from course of dealing or usage of trade. 

(c)  Warranty under § 22-404.- No warranty is created under this section with respect to informational content, but an implied warranty may arise under § 22-404 of this subtitle. 
 

[2000, ch. 11; ch. 61, § 6.]