59.1-506.12 - Correction and support contracts. - Virginia Statutes

§ 59.1-506.12. Correction and support contracts.

(a) If a person agrees to provide services regarding the correction ofperformance problems in computer information, other than an agreement to cureits own existing breach of contract, the following rules apply:

(1) If the services are provided by a licensor of the information as part ofa limited remedy, the licensor undertakes that its performance will providethe licensee with information that conforms to the agreement to which thelimited remedy applies.

(2) In all other cases, the person:

(A) shall perform at a time and place and in a manner consistent with theexpress terms of the agreement and, to the extent not stated in the expressterms, at a time and place and in a manner that is reasonable in light ofordinary standards of the business, trade, or industry; and

(B) does not undertake that its services will correct performance problemsunless the agreement expressly so provides.

(b) Unless required to do so by an express or implied warranty, a licensor isnot required to provide instruction or other support for the licensee's useof information or access. A person that agrees to provide support shall makethe support available in a manner and with a quality consistent with expressterms of the support agreement and, to the extent not stated in the expressterms, at a time and place and in a manner that is reasonable in light ofordinary standards of the business, trade, or industry.

(2000, cc. 101, 996.)