59.1-508.15 - Right to possession and to prevent use. - Virginia Statutes

§ 59.1-508.15. Right to possession and to prevent use.

(a) On cancellation of a license, the licensor has the right:

(1) to possession of all copies of the licensed information in the possessionor control of the licensee and any other materials pertaining to thatinformation which by contract are to be returned or delivered by the licenseeto the licensor; and

(2) to prevent the continued exercise of contractual and informational rightsin the licensed information under the license.

(b) Except as otherwise provided in § 59.1-508.14, a licensor may exercisehis rights under subsection (a) without judicial process only if this can bedone:

(1) without a breach of the peace;

(2) without a foreseeable risk of personal injury or significant physicaldamage to information or property other than the licensed information; and

(3) in accordance with § 59.1-508.16.

(c) In a judicial proceeding, the court may enjoin a licensee in breach ofcontract from continued use of the information and informational rights andmay order the licensor or a judicial officer to take the steps described in §59.1-506.18.

(d) A party has a right to an expedited judicial hearing on a request forprejudgment relief to enforce or protect its rights under this section.

(e) The right to possession under this section is not available to the extentthat the information, before breach of the license and in the ordinary courseof performance under the license, was so altered or commingled that theinformation is no longer identifiable or separable.

(f) A licensee that provides information to a licensor subject to contractualuse terms has the rights and is subject to the limitations of a licensorunder this section with respect to the information he provides.

(2000, cc. 101, 996.)