59.1-504.5 - Implied warranty; licensee's purpose; system integration.
§ 59.1-504.5. Implied warranty; licensee's purpose; system integration.
(a) Unless the warranty is disclaimed or modified, if a licensor at the timeof contracting has reason to know any particular purpose for which thecomputer information is required and that the licensee is relying on thelicensor's skill or judgment to select, develop, or furnish suitableinformation, the following rules apply:
(1) Except as otherwise provided in paragraph (2), there is an impliedwarranty that the information is fit for that purpose.
(2) If from all the circumstances it appears that the licensor was to be paidfor the amount of its time or effort regardless of the fitness of theresulting information, the warranty under paragraph (1) is that theinformation will not fail to achieve the licensee's particular purpose as aresult of the licensor's lack of reasonable effort.
(b) There is no warranty under subsection (a) with regard to:
(1) the aesthetics, appeal, suitability to taste, or subjective quality ofinformational content; or
(2) published informational content, but there may be a warranty with regardto the licensor's selection among published informational content fromdifferent providers if the selection is made by an individual acting as or onbehalf of the licensor.
(c) If an agreement requires a licensor to provide or select a systemconsisting of computer programs and goods, and the licensor has reason toknow that the licensee is relying on the skill or judgment of the licensor toselect the components of the system, there is an implied warranty that thecomponents provided or selected will function together as a system.
(d) The warranty under this section is not subject to the preclusion in §59.1-501.15 (b) (1) on disclaiming diligence, reasonableness, or care.
(2000, cc. 101, 996; 2004, c. 794.)