{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-504.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-504.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-504.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-504.1.html"}],"law_id":61823,"edition_id":1,"section_id":61823,"structure_id":13649,"section_number":"59.1-504.1","catch_line":"Warranty and obligations concerning noninterference and noninfringement","history":"2000, cc. 101, 996; 2004, c. 794.","full_text":"a\n\nA licensor of information that is a merchant regularly dealing in information of the kind warrants that the information will be delivered free of the rightful claim of any third person by way of infringement or misappropriation, but a licensee that furnishes detailed specifications to the licensor and the method required for meeting the specifications holds the licensor harmless against any such claim that arises out of compliance with either the required specification or the required method except for a claim that results from the failure of the licensor to adopt, or notify the licensee of, a noninfringing alternative of which the licensor had reason to know.b\n\nA licensor warrants:1\n\nfor the duration of the license, that no person holds a rightful claim to, or interest in, the information which arose from an act or omission of the licensor, other than a claim by way of infringement or misappropriation, which will interfere with the licensee’s enjoyment of its interest; and2\n\nas to rights granted exclusively to the licensee, that within the scope of the license:A\n\nto the knowledge of the licensor, any licensed patent rights are valid and exclusive to the extent exclusivity and validity are recognized by the law under which the patent rights were created; andB\n\nin all other cases, the licensed informational rights are valid and exclusive for the information as a whole to the extent exclusivity and validity are recognized by the law applicable to the licensed rights in a jurisdiction to which the license applies.c\n\nThe warranties in this section are subject to the following rules:1\n\nIf the licensed informational rights are subject to a right of privileged use, collective administration, or compulsory licensing, the warranty is not made with respect to those rights.2\n\nThe obligations under subsections (a) and (b) (2) apply solely to informational rights arising under the laws of the United States or a state, unless the contract expressly provides that the warranty obligations extend to rights under the laws of other countries. Language is sufficient for this purpose if it states, “The licensor warrants exclusivity, noninfringement, in specified countries, worldwide,” or words of similar import. In that case, the warranty extends to the specified country or, in the case of a reference to “worldwide” or the like, to all countries within the description, but only to the extent the rights are recognized under a treaty or international convention to which the country and the United States are signatories.3\n\nThe warranties under subsections (a) and (b) (2) are not made by a license that merely permits use, or covenants not to claim infringement because of the use, of rights under a licensed patent.d\n\nExcept as otherwise provided in subsection (e), a warranty under this section may be disclaimed or modified only by specific language or by circumstances that give the licensee reason to know that the licensor does not warrant that competing claims do not exist or that the licensor purports to grant only the rights it may have. An obligation to hold harmless under subsection (a) may be disclaimed or modified only by specific language or by circumstances giving the licensor reason to know that the licensee does not provide a hold-harmless obligation to the licensor. In an automated transaction, language is sufficient if it is conspicuous. Otherwise, language in a record is sufficient if it states:1\n\nas to the licensor’s obligation, “There is no warranty against interference with your enjoyment of the information or against infringement,” or words of similar import; or2\n\nas to the licensee’s obligation, “There is no obligation to hold you harmless from any actions taken in compliance with the specifications or methods furnished to me under this contract,” or words of similar import.e\n\nBetween merchants, a grant of a “quitclaim,” or a grant in similar terms, grants the information or informational rights without an implied warranty as to infringement or misappropriation or as to the rights actually possessed or transferred by the licensor.","order_by":null,"text":{"0":{"id":225763,"text":"A licensor of information that is a merchant regularly dealing in information of the kind warrants that the information will be delivered free of the rightful claim of any third person by way of infringement or misappropriation, but a licensee that furnishes detailed specifications to the licensor and the method required for meeting the specifications holds the licensor harmless against any such claim that arises out of compliance with either the required specification or the required method except for a claim that results from the failure of the licensor to adopt, or notify the licensee of, a noninfringing alternative of which the licensor had reason to know.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":225764,"text":"A licensor warrants:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":225765,"text":"for the duration of the license, that no person holds a rightful claim to, or interest in, the information which arose from an act or omission of the licensor, other than a claim by way of infringement or misappropriation, which will interfere with the licensee’s enjoyment of its interest; and","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":225766,"text":"as to rights granted exclusively to the licensee, that within the scope of the license:","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"A"},"4":{"id":225767,"text":"to the knowledge of the licensor, any licensed patent rights are valid and exclusive to the extent exclusivity and validity are recognized by the law under which the patent rights were created; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"b2","next_prefix":"B"},"5":{"id":225768,"text":"in all other cases, the licensed informational rights are valid and exclusive for the information as a whole to the extent exclusivity and validity are recognized by the law applicable to the licensed rights in a jurisdiction to which the license applies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"c"},"6":{"id":225769,"text":"The warranties in this section are subject to the following rules:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"B","next_prefix":"c1"},"7":{"id":225770,"text":"If the licensed informational rights are subject to a right of privileged use, collective administration, or compulsory licensing, the warranty is not made with respect to those rights.","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"8":{"id":225771,"text":"The obligations under subsections (a) and (b) (2) apply solely to informational rights arising under the laws of the United States or a state, unless the contract expressly provides that the warranty obligations extend to rights under the laws of other countries. Language is sufficient for this purpose if it states, “The licensor warrants exclusivity, noninfringement, in specified countries, worldwide,” or words of similar import. In that case, the warranty extends to the specified country or, in the case of a reference to “worldwide” or the like, to all countries within the description, but only to the extent the rights are recognized under a treaty or international convention to which the country and the United States are signatories.","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"9":{"id":225772,"text":"The warranties under subsections (a) and (b) (2) are not made by a license that merely permits use, or covenants not to claim infringement because of the use, of rights under a licensed patent.","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"d"},"10":{"id":225773,"text":"Except as otherwise provided in subsection (e), a warranty under this section may be disclaimed or modified only by specific language or by circumstances that give the licensee reason to know that the licensor does not warrant that competing claims do not exist or that the licensor purports to grant only the rights it may have. An obligation to hold harmless under subsection (a) may be disclaimed or modified only by specific language or by circumstances giving the licensor reason to know that the licensee does not provide a hold-harmless obligation to the licensor. In an automated transaction, language is sufficient if it is conspicuous. Otherwise, language in a record is sufficient if it states:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c3","next_prefix":"d1"},"11":{"id":225774,"text":"as to the licensor’s obligation, “There is no warranty against interference with your enjoyment of the information or against infringement,” or words of similar import; or","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"12":{"id":225775,"text":"as to the licensee’s obligation, “There is no obligation to hold you harmless from any actions taken in compliance with the specifications or methods furnished to me under this contract,” or words of similar import.","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"e"},"13":{"id":225776,"text":"Between merchants, a grant of a “quitclaim,” or a grant in similar terms, grants the information or informational rights without an implied warranty as to infringement or misappropriation or as to the rights actually possessed or transferred by the licensor.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d2"}},"ancestry":[{"id":13649,"edition_id":1,"name":"Warranties","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:45:28","date_modified":"2026-06-26 03:45:28","permalink":{"id":262089,"object_type":"structure","relational_id":13649,"identifier":"4","token":"59.1\/43\/4","url":"\/59.1\/43\/4\/","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":61823,"structure_id":13649,"section_number":"59.1-504.1","catch_line":"Warranty and obligations concerning noninterference and noninfringement","url":"\/59.1-504.1\/","token":"59.1\/43\/4\/59.1-504.1","metadata":false},{"id":64119,"structure_id":13649,"section_number":"59.1-504.10","catch_line":"No implied warranties for free software","url":"\/59.1-504.10\/","token":"59.1\/43\/4\/59.1-504.10","metadata":false},{"id":65976,"structure_id":13649,"section_number":"59.1-504.11","catch_line":"Reserved","url":"\/59.1-504.11\/","token":"59.1\/43\/4\/59.1-504.11","metadata":false},{"id":54621,"structure_id":13649,"section_number":"59.1-504.2","catch_line":"Express warranty","url":"\/59.1-504.2\/","token":"59.1\/43\/4\/59.1-504.2","metadata":false},{"id":82986,"structure_id":13649,"section_number":"59.1-504.3","catch_line":"Implied warranty; merchantability of computer program","url":"\/59.1-504.3\/","token":"59.1\/43\/4\/59.1-504.3","metadata":false},{"id":66966,"structure_id":13649,"section_number":"59.1-504.4","catch_line":"Implied warranty; informational content","url":"\/59.1-504.4\/","token":"59.1\/43\/4\/59.1-504.4","metadata":false},{"id":62887,"structure_id":13649,"section_number":"59.1-504.5","catch_line":"Implied warranty; licensee's purpose; system integration","url":"\/59.1-504.5\/","token":"59.1\/43\/4\/59.1-504.5","metadata":false},{"id":59372,"structure_id":13649,"section_number":"59.1-504.6","catch_line":"Disclaimer or modification of warranty","url":"\/59.1-504.6\/","token":"59.1\/43\/4\/59.1-504.6","metadata":false},{"id":54825,"structure_id":13649,"section_number":"59.1-504.7","catch_line":"Modification of computer program","url":"\/59.1-504.7\/","token":"59.1\/43\/4\/59.1-504.7","metadata":false},{"id":69667,"structure_id":13649,"section_number":"59.1-504.8","catch_line":"Cumulation and conflict of warranties","url":"\/59.1-504.8\/","token":"59.1\/43\/4\/59.1-504.8","metadata":false},{"id":86480,"structure_id":13649,"section_number":"59.1-504.9","catch_line":"Third-party beneficiaries of warranty","url":"\/59.1-504.9\/","token":"59.1\/43\/4\/59.1-504.9","metadata":false}],"next_section":{"id":64119,"structure_id":13649,"section_number":"59.1-504.10","catch_line":"No implied warranties for free software","url":"\/59.1-504.10\/","token":"59.1\/43\/4\/59.1-504.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-504.1\/","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 1 time. 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. That modification is as follows: in 2004, chapter 794<\/a>.<\/p>","references":[{"id":64119,"section_number":"59.1-504.10","catch_line":"No implied warranties for free software","order_by":null,"url":"\/59.1-504.10\/"},{"id":59372,"section_number":"59.1-504.6","catch_line":"Disclaimer or modification of warranty","order_by":null,"url":"\/59.1-504.6\/"},{"id":70886,"section_number":"59.1-505.8","catch_line":"Finance licenses","order_by":null,"url":"\/59.1-505.8\/"}],"refers_to":false,"permalink":{"id":262091,"object_type":"law","relational_id":61823,"identifier":"59.1-504.1","token":"59.1\/43\/4\/59.1-504.1","url":"\/59.1-504.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-504.1\/","token":"59.1\/43\/4\/59.1-504.1","dublin_core":{"Title":"Warranty and obligations concerning noninterference and noninfringement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-504.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A licensor of information that is a merchant regularly dealing in information of the kind warrants that the information will be delivered free of the rightful claim of any third person by way of infringement or misappropriation, but a licensee that furnishes detailed specifications to the licensor and the method required for meeting the specifications holds the licensor harmless against any such claim that arises out of compliance with either the required specification or the required method except for a claim that results from the failure of the licensor to adopt, or notify the licensee of, a noninfringing alternative of which the licensor had reason to know. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A licensor warrants: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> for the duration of the license, that no person holds a rightful claim to, or interest in, the information which arose from an act or omission of the licensor, other than a claim by way of infringement or misappropriation, which will interfere with the licensee’s enjoyment of its interest; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> as to rights granted exclusively to the licensee, that within the scope of the license: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> to the knowledge of the licensor, any licensed patent rights are valid and exclusive to the extent exclusivity and validity are recognized by the law<\/span> under which the patent rights were created; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> in all other cases, the licensed informational rights are valid and exclusive for the information as a whole to the extent exclusivity and validity are recognized by the law<\/span> applicable to the licensed rights in a jurisdiction<\/span> to which the license applies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The warranties in this section are subject to the following rules: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the licensed informational rights are subject to a right of privileged use, collective administration, or compulsory licensing, the warranty is not made with respect to those rights. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The obligations under subsections (a) and (b) (2) apply solely to informational rights arising under the laws<\/span> of the United States or a state, unless the contract<\/span> expressly provides that the warranty obligations extend to rights under the laws<\/span> of other countries. Language is sufficient for this purpose if it states, “The licensor warrants exclusivity, noninfringement, in specified countries, worldwide,” or words of similar import. In that case, the warranty extends to the specified country or, in the case of a reference to “worldwide” or the like, to all countries within the description, but only to the extent the rights are recognized under a treaty or international convention to which the country and the United States are signatories. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The warranties under subsections (a) and (b) (2) are not made by a license that merely permits use, or covenants not to claim infringement because of the use, of rights under a licensed patent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Except as otherwise provided in subsection (e), a warranty under this section may be disclaimed or modified only by specific language or by circumstances that give the licensee reason to know that the licensor does not warrant that competing claims do not exist or that the licensor purports to grant only the rights it may have. An obligation to hold harmless under subsection (a) may be disclaimed or modified only by specific language or by circumstances giving the licensor reason to know that the licensee does not provide a hold-harmless obligation to the licensor. In an automated transaction, language is sufficient if it is conspicuous. Otherwise, language in a record is sufficient if it states: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> as to the licensor’s obligation, “There is no warranty against interference with your enjoyment of the information or against infringement,” or words of similar import; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> as to the licensee’s obligation, “There is no obligation to hold you harmless from any actions taken in compliance with the specifications or methods furnished to me under this contract<\/span>,” or words of similar import. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Between merchants, a grant of a “quitclaim,” or a grant in similar terms, grants the information or informational rights without an implied warranty as to infringement or misappropriation or as to the rights actually possessed or transferred by the licensor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWARRANTY AND OBLIGATIONS CONCERNING NONINTERFERENCE AND NONINFRINGEMENT (\u00a7\n59.1-504.1)\n\na. A licensor of information that is a merchant regularly dealing in information\nof the kind warrants that the information will be delivered free of the rightful\nclaim of any third person by way of infringement or misappropriation, but a\nlicensee that furnishes detailed specifications to the licensor and the method\nrequired for meeting the specifications holds the licensor harmless against any\nsuch claim that arises out of compliance with either the required specification\nor the required method except for a claim that results from the failure of the\nlicensor to adopt, or notify the licensee of, a noninfringing alternative of\nwhich the licensor had reason to know.\n\nb. A licensor warrants:\n\n 1. for the duration of the license, that no person holds a rightful claim to,\n or interest in, the information which arose from an act or omission of the\n licensor, other than a claim by way of infringement or misappropriation, which\n will interfere with the licensee’s enjoyment of its interest; and\n\n 2. as to rights granted exclusively to the licensee, that within the scope of\n the license:\n\nA. to the knowledge of the licensor, any licensed patent rights are valid and\nexclusive to the extent exclusivity and validity are recognized by the law under\nwhich the patent rights were created; and\n\nB. in all other cases, the licensed informational rights are valid and exclusive\nfor the information as a whole to the extent exclusivity and validity are\nrecognized by the law applicable to the licensed rights in a jurisdiction to\nwhich the license applies.\n\nc. The warranties in this section are subject to the following rules:\n\n 1. If the licensed informational rights are subject to a right of privileged\n use, collective administration, or compulsory licensing, the warranty is not\n made with respect to those rights.\n\n 2. The obligations under subsections (a) and (b) (2) apply solely to\n informational rights arising under the laws of the United States or a state,\n unless the contract expressly provides that the warranty obligations extend to\n rights under the laws of other countries. Language is sufficient for this\n purpose if it states, “The licensor warrants exclusivity,\n noninfringement, in specified countries, worldwide,” or words of similar\n import. In that case, the warranty extends to the specified country or, in the\n case of a reference to “worldwide” or the like, to all countries\n within the description, but only to the extent the rights are recognized under\n a treaty or international convention to which the country and the United\n States are signatories.\n\n 3. The warranties under subsections (a) and (b) (2) are not made by a license\n that merely permits use, or covenants not to claim infringement because of the\n use, of rights under a licensed patent.\n\nd. Except as otherwise provided in subsection (e), a warranty under this section\nmay be disclaimed or modified only by specific language or by circumstances that\ngive the licensee reason to know that the licensor does not warrant that\ncompeting claims do not exist or that the licensor purports to grant only the\nrights it may have. An obligation to hold harmless under subsection (a) may be\ndisclaimed or modified only by specific language or by circumstances giving the\nlicensor reason to know that the licensee does not provide a hold-harmless\nobligation to the licensor. In an automated transaction, language is sufficient\nif it is conspicuous. Otherwise, language in a record is sufficient if it\nstates:\n\n 1. as to the licensor’s obligation, “There is no warranty against\n interference with your enjoyment of the information or against\n infringement,” or words of similar import; or\n\n 2. as to the licensee’s obligation, “There is no obligation to\n hold you harmless from any actions taken in compliance with the specifications\n or methods furnished to me under this contract,” or words of similar\n import.\n\ne. Between merchants, a grant of a “quitclaim,” or a grant in\nsimilar terms, grants the information or informational rights without an implied\nwarranty as to infringement or misappropriation or as to the rights actually\npossessed or transferred by the licensor.\n\nHISTORY: 2000, cc. 101, 996; 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}}