CODE OF VIRGINIA

ACCESS CONTRACTS (§ 59.1-506.11)

(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.

HISTORY: 2000, cc. 101, 996.