§ 22–611
Statutes in effect as of October 1, 2026.
Md. Code Ann., Com. Law § 22-611 (2026)
Title 22. Maryland Uniform Computer Information Transactions Act
Subtitle 6. Performance; General; Performance in Delivery of Copies; Special Types of Contracts; Loss and Impossibility; Termination
§ 22–611LinkCopy Citation
(a)
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)
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.