{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-506.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-506.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-506.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-506.11.html"}],"law_id":60299,"edition_id":1,"section_id":60299,"structure_id":14068,"section_number":"59.1-506.11","catch_line":"Access contracts","history":"2000, cc. 101, 996.","full_text":"a\n\nIf an access contract provides for access over a period of time, the following rules apply:1\n\nThe 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\n\nA 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\n\nUnless 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\n\nAccess must be available:A\n\nat times and in a manner conforming to the express terms of the agreement; andB\n\nto 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\n\nIn 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\n\nconsistent with ordinary standards of the business, trade, or industry for the particular type of contract; or2\n\ncaused by:A\n\nscheduled downtime;B\n\nreasonable needs for maintenance;C\n\nreasonable periods of failure of equipment, computer programs, or communications; orD\n\nevents reasonably beyond the licensor’s control, and the licensor exercises such commercially reasonable efforts as the circumstances require.","order_by":null,"text":{"0":{"id":220532,"text":"If an access contract provides for access over a period of time, the following rules apply:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":220533,"text":"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.","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":220534,"text":"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.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":220535,"text":"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.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":220536,"text":"Access must be available:","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"A"},"5":{"id":220537,"text":"at times and in a manner conforming to the express terms of the agreement; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"a4","next_prefix":"B"},"6":{"id":220538,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"b"},"7":{"id":220539,"text":"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:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"B","next_prefix":"b1"},"8":{"id":220540,"text":"consistent with ordinary standards of the business, trade, or industry for the particular type of contract; or","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"9":{"id":220541,"text":"caused by:","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"A"},"10":{"id":220542,"text":"scheduled downtime;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"b2","next_prefix":"B"},"11":{"id":220543,"text":"reasonable needs for maintenance;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"12":{"id":220544,"text":"reasonable periods of failure of equipment, computer programs, or communications; or","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"13":{"id":220545,"text":"events reasonably beyond the licensor’s control, and the licensor exercises such commercially reasonable efforts as the circumstances require.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14068,"edition_id":1,"name":"Performance","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:46","date_modified":"2026-06-26 03:46:46","permalink":{"id":262185,"object_type":"structure","relational_id":14068,"identifier":"6","token":"59.1\/43\/6","url":"\/59.1\/43\/6\/","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":86497,"structure_id":14068,"section_number":"59.1-506.1","catch_line":"Performance of contract in general","url":"\/59.1-506.1\/","token":"59.1\/43\/6\/59.1-506.1","metadata":false},{"id":75583,"structure_id":14068,"section_number":"59.1-506.10","catch_line":"Copy; effect of acceptance; burden of establishing; notice of claims","url":"\/59.1-506.10\/","token":"59.1\/43\/6\/59.1-506.10","metadata":false},{"id":60299,"structure_id":14068,"section_number":"59.1-506.11","catch_line":"Access contracts","url":"\/59.1-506.11\/","token":"59.1\/43\/6\/59.1-506.11","metadata":false},{"id":74114,"structure_id":14068,"section_number":"59.1-506.12","catch_line":"Correction and support contracts","url":"\/59.1-506.12\/","token":"59.1\/43\/6\/59.1-506.12","metadata":false},{"id":59517,"structure_id":14068,"section_number":"59.1-506.13","catch_line":"Contracts involving publishers, dealers, and end users","url":"\/59.1-506.13\/","token":"59.1\/43\/6\/59.1-506.13","metadata":false},{"id":61428,"structure_id":14068,"section_number":"59.1-506.14","catch_line":"Risk of loss of copy","url":"\/59.1-506.14\/","token":"59.1\/43\/6\/59.1-506.14","metadata":false},{"id":74142,"structure_id":14068,"section_number":"59.1-506.15","catch_line":"Excuse by failure of presupposed conditions","url":"\/59.1-506.15\/","token":"59.1\/43\/6\/59.1-506.15","metadata":false},{"id":57489,"structure_id":14068,"section_number":"59.1-506.16","catch_line":"Termination; survival of obligations","url":"\/59.1-506.16\/","token":"59.1\/43\/6\/59.1-506.16","metadata":false},{"id":65824,"structure_id":14068,"section_number":"59.1-506.17","catch_line":"Notice of termination","url":"\/59.1-506.17\/","token":"59.1\/43\/6\/59.1-506.17","metadata":false},{"id":71699,"structure_id":14068,"section_number":"59.1-506.18","catch_line":"Termination; enforcement","url":"\/59.1-506.18\/","token":"59.1\/43\/6\/59.1-506.18","metadata":false},{"id":74174,"structure_id":14068,"section_number":"59.1-506.19","catch_line":"Reserved","url":"\/59.1-506.19\/","token":"59.1\/43\/6\/59.1-506.19","metadata":false},{"id":55179,"structure_id":14068,"section_number":"59.1-506.2","catch_line":"Licensor's obligations to enable use","url":"\/59.1-506.2\/","token":"59.1\/43\/6\/59.1-506.2","metadata":false},{"id":68452,"structure_id":14068,"section_number":"59.1-506.3","catch_line":"Submissions of information to satisfaction of party","url":"\/59.1-506.3\/","token":"59.1\/43\/6\/59.1-506.3","metadata":false},{"id":77078,"structure_id":14068,"section_number":"59.1-506.4","catch_line":"Immediately completed performance","url":"\/59.1-506.4\/","token":"59.1\/43\/6\/59.1-506.4","metadata":false},{"id":60020,"structure_id":14068,"section_number":"59.1-506.5","catch_line":"Electronic regulation of performance","url":"\/59.1-506.5\/","token":"59.1\/43\/6\/59.1-506.5","metadata":false},{"id":71340,"structure_id":14068,"section_number":"59.1-506.6","catch_line":"Copy; delivery; tender of delivery","url":"\/59.1-506.6\/","token":"59.1\/43\/6\/59.1-506.6","metadata":false},{"id":85002,"structure_id":14068,"section_number":"59.1-506.7","catch_line":"Copy; performance related to delivery; payment","url":"\/59.1-506.7\/","token":"59.1\/43\/6\/59.1-506.7","metadata":false},{"id":82364,"structure_id":14068,"section_number":"59.1-506.8","catch_line":"Copy; right to inspect; payment before inspection","url":"\/59.1-506.8\/","token":"59.1\/43\/6\/59.1-506.8","metadata":false},{"id":58478,"structure_id":14068,"section_number":"59.1-506.9","catch_line":"Copy; when acceptance occurs","url":"\/59.1-506.9\/","token":"59.1\/43\/6\/59.1-506.9","metadata":false}],"previous_section":{"id":75583,"structure_id":14068,"section_number":"59.1-506.10","catch_line":"Copy; effect of acceptance; burden of establishing; notice of claims","url":"\/59.1-506.10\/","token":"59.1\/43\/6\/59.1-506.10","metadata":false},"next_section":{"id":74114,"structure_id":14068,"section_number":"59.1-506.12","catch_line":"Correction and support contracts","url":"\/59.1-506.12\/","token":"59.1\/43\/6\/59.1-506.12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-506.11\/","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.<\/p>","references":false,"refers_to":false,"permalink":{"id":262195,"object_type":"law","relational_id":60299,"identifier":"59.1-506.11","token":"59.1\/43\/6\/59.1-506.11","url":"\/59.1-506.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-506.11\/","token":"59.1\/43\/6\/59.1-506.11","dublin_core":{"Title":"Access contracts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-506.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> If an access contract<\/span> provides for access over a period of time, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A change in the content of the information is a breach of contract<\/span> only if the change conflicts with an express term of the agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Access must be available: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> at times and in a manner conforming to the express terms of the agreement; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> to the extent not expressly stated in the agreement, at times and in a manner reasonable for the particular type of contract<\/span> in light of the ordinary standards of the business, trade, or industry. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> In an access contract<\/span> 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<\/span> if it is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> consistent with ordinary standards of the business, trade, or industry for the particular type of contract<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> caused by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> scheduled downtime; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> reasonable needs for maintenance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> reasonable periods of failure of equipment, computer programs, or communications; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> events reasonably beyond the licensor’s control, and the licensor exercises such commercially reasonable efforts as the circumstances require. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS CONTRACTS (\u00a7 59.1-506.11)\n\na. If an access contract provides for access over a period of time, the\nfollowing rules apply:\n\n 1. The licensee’s rights of access are to the information as modified\n and made commercially available by the licensor from time to time during that\n period.\n\n 2. A change in the content of the information is a breach of contract only if\n the change conflicts with an express term of the agreement.\n\n 3. Unless it is subject to a contractual use term, information obtained by the\n licensee is free of any use restriction other than a restriction resulting\n from the informational rights of another person or other law.\n\n 4. Access must be available:\n\nA. at times and in a manner conforming to the express terms of the agreement;\nand\n\nB. to the extent not expressly stated in the agreement, at times and in a manner\nreasonable for the particular type of contract in light of the ordinary\nstandards of the business, trade, or industry.\n\nb. In an access contract that gives the licensee a right of access at times\nsubstantially of its own choosing during agreed periods, an occasional failure\nto have access available during those times is not a breach of contract if it\nis:\n\n 1. consistent with ordinary standards of the business, trade, or industry for\n the particular type of contract; or\n\n 2. caused by:\n\nA. scheduled downtime;\n\nB. reasonable needs for maintenance;\n\nC. reasonable periods of failure of equipment, computer programs, or\ncommunications; or\n\nD. events reasonably beyond the licensor’s control, and the licensor\nexercises such commercially reasonable efforts as the circumstances require.\n\nHISTORY: 2000, cc. 101, 996.","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}}