59.1-506.18 - Termination; enforcement. - Virginia Statutes

§ 59.1-506.18. Termination; enforcement.

(a) On termination of a license, a party in possession or control ofinformation, copies, or other materials that are the property of the otherparty, or are subject to a contractual obligation to be delivered to thatparty on termination, shall use commercially reasonable efforts to deliver orhold them for disposal on instructions of that party. If any materials arejointly owned, the party in possession or control shall make them availableto the joint owners.

(b) Termination of a license ends all rights under the license for thelicensee to use or access the licensed information, informational rights, orcopies. Continued use of the licensed copies or exercise of terminated rightsis a breach of contract unless authorized by a term that survives termination.

(c) Each party may enforce its rights under subsections (a) and (b) by actingpursuant to § 59.1-506.5 or by judicial process, including obtaining an orderthat the party or an officer of the court take the following actions withrespect to any licensed information, documentation, copies, or othermaterials to be delivered:

(1) deliver or take possession of them;

(2) without removal, render unusable or eliminate the capability to exercisecontractual rights in or use of them;

(3) destroy or prevent access to them; and

(4) require that the party or any other person in possession or control ofthem make them available to the other party at a place designated by thatparty which is reasonably convenient to both parties.

(d) In an appropriate case, a court of competent jurisdiction may grantinjunctive relief to enforce the parties' rights under this section.

(2000, cc. 101, 996.)