{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-502.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-502.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-502.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-502.9.html"}],"law_id":80284,"edition_id":1,"section_id":80284,"structure_id":14011,"section_number":"59.1-502.9","catch_line":"Mass-market license","history":"2000, cc. 101, 996; 2001, c. 763; 2004, c. 794.","full_text":"a\n\nA party adopts the terms of a mass-market license for purposes of \u00a7 59.1-502.8 only if the party agrees to the license, such as by manifesting assent, before or during the party’s initial performance or use of or access to the information. A term is not part of the license if:1\n\nthe term is unconscionable or is unenforceable under § 59.1-501.5 (a) or (b);2\n\nsubject to § 59.1-503.1, the term conflicts with a term to which the parties to the license have expressly agreed;3\n\nunder § 59.1-501.13:1, the licensee does not have an opportunity to review the term before agreeing to it; or4\n\nthe term is not available for viewing before and after assent:A\n\nin a printed license; orB\n\nin electronic form that (i) can be printed or stored for archival and review purposes by the licensee or (ii) is made available by a licensor to a licensee, at no cost to the licensee, in a printed form on the request of a licensee who is unable to print or store the license for archival and review purposes.b\n\nIf a mass-market license or a copy of the license is not available in a manner permitting an opportunity to review by the licensee before the licensee becomes obligated to pay and the licensee does not agree, such as by manifesting assent, to the license after having an opportunity to review, the licensee is entitled to a return under \u00a7 59.1-501.12 or \u00a7 59.1-501.13:1 and, in addition, to:1\n\nreimbursement of any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information or, in the absence of instructions, expenses incurred for return postage or similar reasonable expense in returning the computer information; and2\n\ncompensation for any reasonable and foreseeable costs of restoring the licensee’s information processing system to reverse changes in the system caused by the installation, if:A\n\nthe installation occurs because information must be installed to enable review of the license; andB\n\nthe installation alters the system or information in it but does not restore the system or information after removal of the installed information because the licensee rejected the license.c\n\nIn a mass-market transaction, if the licensor does not have an opportunity to review a record containing proposed terms from the licensee before the licensor delivers or becomes obligated to deliver the information, and if the licensor does not agree, such as by manifesting assent, to those terms after having that opportunity, the licensor is entitled to a return.","order_by":null,"text":{"0":{"id":287414,"text":"A party adopts the terms of a mass-market license for purposes of \u00a7 59.1-502.8 only if the party agrees to the license, such as by manifesting assent, before or during the party’s initial performance or use of or access to the information. A term is not part of the license if:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":287415,"text":"the term is unconscionable or is unenforceable under § 59.1-501.5 (a) or (b);","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":287416,"text":"subject to § 59.1-503.1, the term conflicts with a term to which the parties to the license have expressly agreed;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":287417,"text":"under § 59.1-501.13:1, the licensee does not have an opportunity to review the term before agreeing to it; or","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":287418,"text":"the term is not available for viewing before and after assent:","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"A"},"5":{"id":287419,"text":"in a printed license; or","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"a4","next_prefix":"B"},"6":{"id":287420,"text":"in electronic form that (i) can be printed or stored for archival and review purposes by the licensee or (ii) is made available by a licensor to a licensee, at no cost to the licensee, in a printed form on the request of a licensee who is unable to print or store the license for archival and review purposes.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"b"},"7":{"id":287421,"text":"If a mass-market license or a copy of the license is not available in a manner permitting an opportunity to review by the licensee before the licensee becomes obligated to pay and the licensee does not agree, such as by manifesting assent, to the license after having an opportunity to review, the licensee is entitled to a return under \u00a7 59.1-501.12 or \u00a7 59.1-501.13:1 and, in addition, to:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"B","next_prefix":"b1"},"8":{"id":287422,"text":"reimbursement of any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information or, in the absence of instructions, expenses incurred for return postage or similar reasonable expense in returning the computer information; and","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"9":{"id":287423,"text":"compensation for any reasonable and foreseeable costs of restoring the licensee’s information processing system to reverse changes in the system caused by the installation, if:","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"A"},"10":{"id":287424,"text":"the installation occurs because information must be installed to enable review of the license; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"b2","next_prefix":"B"},"11":{"id":287425,"text":"the installation alters the system or information in it but does not restore the system or information after removal of the installed information because the licensee rejected the license.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"c"},"12":{"id":287426,"text":"In a mass-market transaction, if the licensor does not have an opportunity to review a record containing proposed terms from the licensee before the licensor delivers or becomes obligated to deliver the information, and if the licensor does not agree, such as by manifesting assent, to those terms after having that opportunity, the licensor is entitled to a return.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14011,"edition_id":1,"name":"Formation and Terms","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":261973,"object_type":"structure","relational_id":14011,"identifier":"2","token":"59.1\/43\/2","url":"\/59.1\/43\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75095,"structure_id":14011,"section_number":"59.1-502.1","catch_line":"Formal requirements","url":"\/59.1-502.1\/","token":"59.1\/43\/2\/59.1-502.1","metadata":false},{"id":82823,"structure_id":14011,"section_number":"59.1-502.10","catch_line":"Terms of contract formed by conduct","url":"\/59.1-502.10\/","token":"59.1\/43\/2\/59.1-502.10","metadata":false},{"id":73216,"structure_id":14011,"section_number":"59.1-502.11","catch_line":"Repealed","url":"\/59.1-502.11\/","token":"59.1\/43\/2\/59.1-502.11","metadata":false},{"id":72868,"structure_id":14011,"section_number":"59.1-502.12","catch_line":"Efficacy and commercial reasonableness of attribution procedure","url":"\/59.1-502.12\/","token":"59.1\/43\/2\/59.1-502.12","metadata":false},{"id":56924,"structure_id":14011,"section_number":"59.1-502.13","catch_line":"Determining attribution","url":"\/59.1-502.13\/","token":"59.1\/43\/2\/59.1-502.13","metadata":false},{"id":73858,"structure_id":14011,"section_number":"59.1-502.14","catch_line":"Electronic error; consumer defenses","url":"\/59.1-502.14\/","token":"59.1\/43\/2\/59.1-502.14","metadata":false},{"id":65237,"structure_id":14011,"section_number":"59.1-502.15","catch_line":"Electronic message; when effective; effect of acknowledgment","url":"\/59.1-502.15\/","token":"59.1\/43\/2\/59.1-502.15","metadata":false},{"id":83234,"structure_id":14011,"section_number":"59.1-502.16","catch_line":"Idea or information submission","url":"\/59.1-502.16\/","token":"59.1\/43\/2\/59.1-502.16","metadata":false},{"id":61970,"structure_id":14011,"section_number":"59.1-502.17","catch_line":"Reserved","url":"\/59.1-502.17\/","token":"59.1\/43\/2\/59.1-502.17","metadata":false},{"id":55100,"structure_id":14011,"section_number":"59.1-502.2","catch_line":"Formation in general","url":"\/59.1-502.2\/","token":"59.1\/43\/2\/59.1-502.2","metadata":false},{"id":68883,"structure_id":14011,"section_number":"59.1-502.3","catch_line":"Offer and acceptance in general","url":"\/59.1-502.3\/","token":"59.1\/43\/2\/59.1-502.3","metadata":false},{"id":82209,"structure_id":14011,"section_number":"59.1-502.4","catch_line":"Acceptance with varying terms","url":"\/59.1-502.4\/","token":"59.1\/43\/2\/59.1-502.4","metadata":false},{"id":61606,"structure_id":14011,"section_number":"59.1-502.5","catch_line":"Conditional offer or acceptance","url":"\/59.1-502.5\/","token":"59.1\/43\/2\/59.1-502.5","metadata":false},{"id":58024,"structure_id":14011,"section_number":"59.1-502.6","catch_line":"Offer and acceptance; electronic agents","url":"\/59.1-502.6\/","token":"59.1\/43\/2\/59.1-502.6","metadata":false},{"id":55560,"structure_id":14011,"section_number":"59.1-502.7","catch_line":"Formation; releases of informational rights","url":"\/59.1-502.7\/","token":"59.1\/43\/2\/59.1-502.7","metadata":false},{"id":75483,"structure_id":14011,"section_number":"59.1-502.8","catch_line":"Adopting terms of records","url":"\/59.1-502.8\/","token":"59.1\/43\/2\/59.1-502.8","metadata":false},{"id":80284,"structure_id":14011,"section_number":"59.1-502.9","catch_line":"Mass-market license","url":"\/59.1-502.9\/","token":"59.1\/43\/2\/59.1-502.9","metadata":false}],"previous_section":{"id":75483,"structure_id":14011,"section_number":"59.1-502.8","catch_line":"Adopting terms of records","url":"\/59.1-502.8\/","token":"59.1\/43\/2\/59.1-502.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-502.9\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 763<\/a>; in 2004, chapter 794<\/a>.<\/p>","references":[{"id":87480,"section_number":"59.1-501.15","catch_line":"Variation by agreement; commercial practice","order_by":null,"url":"\/59.1-501.15\/"},{"id":78606,"section_number":"59.1-501.17","catch_line":"Decision for court; legal consequences; reasonable time; reason to know","order_by":null,"url":"\/59.1-501.17\/"},{"id":61606,"section_number":"59.1-502.5","catch_line":"Conditional offer or acceptance","order_by":null,"url":"\/59.1-502.5\/"},{"id":58024,"section_number":"59.1-502.6","catch_line":"Offer and acceptance; electronic agents","order_by":null,"url":"\/59.1-502.6\/"},{"id":75483,"section_number":"59.1-502.8","catch_line":"Adopting terms of records","order_by":null,"url":"\/59.1-502.8\/"},{"id":62393,"section_number":"59.1-503.7","catch_line":"Interpretation and requirements for grant","order_by":null,"url":"\/59.1-503.7\/"}],"refers_to":[{"id":72667,"section_number":"59.1-501.12","catch_line":"Manifesting assent","order_by":null,"url":"\/59.1-501.12\/"},{"id":80445,"section_number":"59.1-501.13:1","catch_line":"Opportunity to review","order_by":null,"url":"\/59.1-501.13_1\/"},{"id":63386,"section_number":"59.1-501.5","catch_line":"Relation to federal law; fundamental public policy; transactions subject to other state law","order_by":null,"url":"\/59.1-501.5\/"},{"id":75483,"section_number":"59.1-502.8","catch_line":"Adopting terms of records","order_by":null,"url":"\/59.1-502.8\/"},{"id":83932,"section_number":"59.1-503.1","catch_line":"Parol or extrinsic evidence","order_by":null,"url":"\/59.1-503.1\/"}],"permalink":{"id":262039,"object_type":"law","relational_id":80284,"identifier":"59.1-502.9","token":"59.1\/43\/2\/59.1-502.9","url":"\/59.1-502.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-502.9\/","token":"59.1\/43\/2\/59.1-502.9","dublin_core":{"Title":"Mass-market license","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-502.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A party<\/span> adopts the terms of a mass-market license for purposes of \u00a7 59.1-502.8<\/a> only if the party<\/span> agrees to the license, such as by manifesting assent, before or during the party<\/span>’s initial performance or use of or access to the information. A term is not part of the license if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the term is unconscionable or is unenforceable under § 59.1-501.5<\/a> (a) or (b); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> subject to § 59.1-503.1<\/a>, the term conflicts with a term to which the parties to the license have expressly agreed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> under § 59.1-501.13:1<\/a>, the licensee does not have an opportunity to review the term before agreeing to it; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> the term is not available for viewing before and after assent: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> in a printed license; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> in electronic form that (i) can be printed or stored for archival and review purposes by the licensee or (ii) is made available by a licensor to a licensee, at no cost to the licensee, in a printed form on the request of a licensee who is unable to print or store the license for archival and review purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If a mass-market license or a copy of the license is not available in a manner permitting an opportunity to review by the licensee before the licensee becomes obligated to pay and the licensee does not agree, such as by manifesting assent, to the license after having an opportunity to review, the licensee is entitled to a return under \u00a7 59.1-501.12<\/a> or \u00a7 59.1-501.13:1<\/a> and, in addition, to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> reimbursement of any reasonable expenses incurred in complying with the licensor’s instructions for returning or destroying the computer information or, in the absence of instructions, expenses incurred for return postage or similar reasonable expense in returning the computer information; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> compensation for any reasonable and foreseeable costs of restoring the licensee’s information processing system to reverse<\/span> changes in the system caused by the installation, if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> the installation occurs because information must be installed to enable review of the license; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> the installation alters the system or information in it but does not restore the system or information after removal of the installed information because the licensee rejected the license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> In a mass-market transaction, if the licensor does not have an opportunity to review a record containing proposed terms from the licensee before the licensor delivers or becomes obligated to deliver the information, and if the licensor does not agree, such as by manifesting assent, to those terms after having that opportunity, the licensor is entitled to a return. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMASS-MARKET LICENSE (\u00a7 59.1-502.9)\n\na. A party adopts the terms of a mass-market license for purposes of \u00a7\n59.1-502.8 only if the party agrees to the license, such as by manifesting\nassent, before or during the party’s initial performance or use of or\naccess to the information. A term is not part of the license if:\n\n 1. the term is unconscionable or is unenforceable under § 59.1-501.5 (a)\n or (b);\n\n 2. subject to § 59.1-503.1, the term conflicts with a term to which the\n parties to the license have expressly agreed;\n\n 3. under § 59.1-501.13:1, the licensee does not have an opportunity to\n review the term before agreeing to it; or\n\n 4. the term is not available for viewing before and after assent:\n\nA. in a printed license; or\n\nB. in electronic form that (i) can be printed or stored for archival and review\npurposes by the licensee or (ii) is made available by a licensor to a licensee,\nat no cost to the licensee, in a printed form on the request of a licensee who\nis unable to print or store the license for archival and review purposes.\n\nb. If a mass-market license or a copy of the license is not available in a\nmanner permitting an opportunity to review by the licensee before the licensee\nbecomes obligated to pay and the licensee does not agree, such as by manifesting\nassent, to the license after having an opportunity to review, the licensee is\nentitled to a return under \u00a7 59.1-501.12 or \u00a7 59.1-501.13:1 and, in addition,\nto:\n\n 1. reimbursement of any reasonable expenses incurred in complying with the\n licensor’s instructions for returning or destroying the computer\n information or, in the absence of instructions, expenses incurred for return\n postage or similar reasonable expense in returning the computer information;\n and\n\n 2. compensation for any reasonable and foreseeable costs of restoring the\n licensee’s information processing system to reverse changes in the\n system caused by the installation, if:\n\nA. the installation occurs because information must be installed to enable\nreview of the license; and\n\nB. the installation alters the system or information in it but does not restore\nthe system or information after removal of the installed information because the\nlicensee rejected the license.\n\nc. In a mass-market transaction, if the licensor does not have an opportunity to\nreview a record containing proposed terms from the licensee before the licensor\ndelivers or becomes obligated to deliver the information, and if the licensor\ndoes not agree, such as by manifesting assent, to those terms after having that\nopportunity, the licensor is entitled to a return.\n\nHISTORY: 2000, cc. 101, 996; 2001, c. 763; 2004, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}