59.1-506.11 - Access contracts.
§ 59.1-506.11. Access contracts.
(a) If an access contract provides for access over a period of time, thefollowing rules apply:
(1) The licensee's rights of access are to the information as modified andmade commercially available by the licensor from time to time during thatperiod.
(2) A change in the content of the information is a breach of contract onlyif the change conflicts with an express term of the agreement.
(3) Unless it is subject to a contractual use term, information obtained bythe licensee is free of any use restriction other than a restrictionresulting 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 theagreement; and
(B) to the extent not expressly stated in the agreement, at times and in amanner reasonable for the particular type of contract in light of theordinary standards of the business, trade, or industry.
(b) In an access contract that gives the licensee a right of access at timessubstantially of its own choosing during agreed periods, an occasionalfailure to have access available during those times is not a breach ofcontract if it is:
(1) consistent with ordinary standards of the business, trade, or industryfor 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, orcommunications; or
(D) events reasonably beyond the licensor's control, and the licensorexercises such commercially reasonable efforts as the circumstances require.
(2000, cc. 101, 996.)