Section 22-611 - Access contracts. - Maryland Statutes

§ 22-611. Access contracts.
 

(a)  Access over a period of time.- If an access contract provides for access over a period of time, the following rules apply: 

(1) The licensee's rights of access are to the information as modified and made commercially available by the licensor from time to time during that period. 

(2) A change in the content of the information is a breach of contract only if the change conflicts with an express term of the agreement. 

(3) Unless it is subject to a contractual use term, information obtained by the licensee is free of any use restriction other than a restriction resulting from the informational rights of another person or other law. 

(4) Access must be available: 

(A) At times and in a manner conforming to the express terms of the agreement; and 

(B) To the extent not expressly stated in the agreement, at times and in a manner reasonable for the particular type of contract in light of the ordinary standards of the business, trade, or industry. 

(b)  Occasional failure to have access available.- In an access contract that gives the licensee a right of access at times substantially of its own choosing during agreed periods, an occasional failure to have access available during those times is not a breach of contract if it is: 

(1) Consistent with ordinary standards of the business, trade, or industry for the particular type of contract; or 

(2) Caused by: 

(A) Scheduled downtime; 

(B) Reasonable needs for maintenance; 

(C) Reasonable periods of failure of equipment, computer programs, or communications; or 

(D) Events reasonably beyond the licensor's control, and the licensor exercises such commercially reasonable efforts as the circumstances require. 
 

[2000, ch. 11.]