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<section article="gcl" article_name="Commercial Law" number="22-816" title_number="22" title_name="Maryland Uniform Computer Information Transactions Act" subtitle_number="8" subtitle_name="Remedies; General; Damages; Remedies Related to Performance">
  <level label="a">
    <text>In this section, “electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 22-815(b) of this subtitle.</text>
  </level>
  <level label="b">
    <text>Notwithstanding the provisions of this section, electronic self-help is prohibited in mass-market transactions.</text>
  </level>
  <level label="c">
    <text>Prior to cancellation of a license in which the parties have agreed to permit the use of electronic self-help, the licensor shall provide a licensee with the opportunity to cure the claimed breach giving rise to the cancellation as provided in § 22-703 of this title.</text>
  </level>
  <level label="d">
    <text>On cancellation of a license, electronic self-help is not permitted, except as provided in this section.</text>
  </level>
  <level label="e">
    <text>If the parties agree to permit electronic self-help, a licensee shall separately manifest assent to a term authorizing use of electronic self-help. The term must:</text>
    <level label="1">
      <text>Provide for notice of exercise as provided in subsection (f) of this section;</text>
    </level>
    <level label="2">
      <text>State the name of the person designated by the licensee to which notice of exercise must be given and the manner in which notice must be given and place to which notice must be sent to that person; and</text>
    </level>
    <level label="3">
      <text>Provide a simple procedure for the licensee to change the designated person or place.</text>
    </level>
  </level>
  <level label="f">
    <text>Before resorting to electronic self-help authorized by a term of the license, the licensor shall give notice in a record to the person designated by the licensee stating:</text>
    <level label="1">
      <text>That the licensor intends to resort to electronic self-help as a remedy on or after 30 days following receipt by the licensee of the notice;</text>
    </level>
    <level label="2">
      <text>The nature of the claimed breach that entitles the licensor to resort to self-help; and</text>
    </level>
    <level label="3">
      <text>The name, title, and address, including direct telephone number, facsimile number, or e-mail address, to which the licensee may communicate concerning the claimed breach.</text>
    </level>
  </level>
  <level label="g">
    <text>A licensee may recover direct and incidental damages caused by wrongful use of electronic self-help. The licensee may also recover consequential damages for wrongful use of electronic self-help, whether or not those damages are excluded by the terms of the license, if:</text>
    <level label="1">
      <text>Within the period specified in subsection (f)(1) of this section, the licensee gives notice to the licensor’s designated person describing in good faith the general nature and magnitude of damages;</text>
    </level>
    <level label="2">
      <text>The licensor has reason to know the damages of the type described in subsection (h) of this section may result from the wrongful use of electronic self-help; or</text>
    </level>
    <level label="3">
      <text>The licensor does not provide the notice required in subsection (f) of this section.</text>
    </level>
  </level>
  <level label="h">
    <text>Even if the licensor complies with subsections (e) and (f) of this section, electronic self-help may not be used if the licensor has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons not involved in the dispute.</text>
  </level>
  <level label="i">
    <text>A court of competent jurisdiction of this State shall give prompt consideration to a petition for injunctive relief and may enjoin, temporarily or permanently, the licensor from exercising electronic self-help even if authorized by a license term or enjoin the licensee from misappropriation or misuse of computer information, as may be appropriate, upon consideration of the following:</text>
    <level label="1">
      <text>Grave harm of the kinds stated in subsection (h) of this section, or the threat thereof, whether or not the licensor has reason to know of those circumstances;</text>
    </level>
    <level label="2">
      <text>Irreparable harm or threat of irreparable harm to the licensee or licensor;</text>
    </level>
    <level label="3">
      <text>That the party seeking the relief is more likely than not to succeed under its claim when it is finally adjudicated;</text>
    </level>
    <level label="4">
      <text>That all of the conditions to entitle a person to the relief under the laws of this State have been fulfilled; and</text>
    </level>
    <level label="5">
      <text>That the party that may be adversely affected is adequately protected against loss, including a loss because of misappropriation or misuse of computer information, that it may suffer because the relief is granted under this title.</text>
    </level>
  </level>
  <level label="j">
    <text>Before breach of contract, rights or obligations under this section may not be waived or varied by an agreement, except that the parties may prohibit use of electronic self-help and the parties, in the term referred to in subsection (e) of this section, may specify additional provisions more favorable to the licensee.</text>
  </level>
  <level label="k">
    <text>This section does not apply if the licensor obtains possession of a copy without a breach of the peace and the electronic self-help is used solely with respect to that copy.</text>
  </level>
</section>
