59.1-502.9 - Mass-market license.
§ 59.1-502.9. Mass-market license.
(a) A party adopts the terms of a mass-market license for purposes of §59.1-502.8 only if the party agrees to the license, such as by manifestingassent, before or during the party's initial performance or use of or accessto the information. A term is not part of the license if:
(1) the term is unconscionable or is unenforceable under § 59.1-501.5 (a) or(b);
(2) subject to § 59.1-503.1, the term conflicts with a term to which theparties to the license have expressly agreed;
(3) under § 59.1-501.13:1, the licensee does not have an opportunity toreview the term before agreeing to it; or
(4) the term is not available for viewing before and after assent:
(A) in a printed license; or
(B) in electronic form that (i) can be printed or stored for archival andreview purposes by the licensee or (ii) is made available by a licensor to alicensee, at no cost to the licensee, in a printed form on the request of alicensee who is unable to print or store the license for archival and reviewpurposes.
(b) If a mass-market license or a copy of the license is not available in amanner permitting an opportunity to review by the licensee before thelicensee becomes obligated to pay and the licensee does not agree, such as bymanifesting assent, to the license after having an opportunity to review, thelicensee is entitled to a return under § 59.1-501.12 or § 59.1-501.13:1 and,in addition, to:
(1) reimbursement of any reasonable expenses incurred in complying with thelicensor's instructions for returning or destroying the computer informationor, in the absence of instructions, expenses incurred for return postage orsimilar reasonable expense in returning the computer information; and
(2) compensation for any reasonable and foreseeable costs of restoring thelicensee's information processing system to reverse changes in the systemcaused by the installation, if:
(A) the installation occurs because information must be installed to enablereview of the license; and
(B) the installation alters the system or information in it but does notrestore the system or information after removal of the installed informationbecause the licensee rejected the license.
(c) In a mass-market transaction, if the licensor does not have anopportunity to review a record containing proposed terms from the licenseebefore the licensor delivers or becomes obligated to deliver the information,and if the licensor does not agree, such as by manifesting assent, to thoseterms after having that opportunity, the licensor is entitled to a return.
(2000, cc. 101, 996; 2001, c. 763; 2004, c. 794.)