{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-506.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-506.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-506.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-506.5.html"}],"law_id":60020,"edition_id":1,"section_id":60020,"structure_id":14068,"section_number":"59.1-506.5","catch_line":"Electronic regulation of performance","history":"2000, cc. 101, 996; 2001, c. 763.","full_text":"a\n\nIn this section, “automatic restraint” means a program, code, device, or similar electronic or physical limitation the intended purpose of which is to prevent use of information contrary to the contract or applicable law.b\n\nA party entitled to enforce a limitation on use of information may include an automatic restraint in the information or a copy of it and use that restraint if:1\n\na term of the agreement authorizes use of the restraint;2\n\nthe restraint prevents a use that is inconsistent with the agreement;3\n\nthe restraint prevents use after expiration of the stated duration of the contract or a stated number of uses; or4\n\nthe restraint prevents use after the contract terminates, other than on expiration of a stated duration or number of uses, and the licensor gives reasonable notice to the licensee before further use is prevented.c\n\nThis section does not authorize an automatic restraint that affirmatively prevents or makes impracticable a licensee’s access to its own information or information of a third party, other than the licensor, if that information is in the possession of the licensee or a third party.d\n\nA party that includes or uses an automatic restraint consistent with subsection (b) or (c) is not liable for any loss caused by the use of the restraint.e\n\nThis section does not preclude electronic replacement or disabling of an earlier copy of information by the licensor in connection with delivery of a new copy or version under an agreement to replace or disable the earlier copy by electronic means with an upgrade or other new information.f\n\nThis section does not authorize use of an automatic restraint to enforce remedies because of breach of contract or for cancellation for breach. If a right to cancel for breach of contract and a right to exercise restraint under subdivision (b) (4) exist simultaneously, affirmative acts constituting electronic self-help must be taken pursuant to § 59.1-508.16, including its prohibition on mass-market transactions, instead of this section. Affirmative acts under this subsection do not include (i) use of a program, code, device, or similar electronic or physical limitation that operates automatically without regard to breach or (ii) a refusal to prevent the operation of a restraint authorized by this section or to reverse its effect.","order_by":null,"text":{"0":{"id":219708,"text":"In this section, “automatic restraint” means a program, code, device, or similar electronic or physical limitation the intended purpose of which is to prevent use of information contrary to the contract or applicable law.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":219709,"text":"A party entitled to enforce a limitation on use of information may include an automatic restraint in the information or a copy of it and use that restraint if:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":219710,"text":"a term of the agreement authorizes use of the restraint;","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":219711,"text":"the restraint prevents a use that is inconsistent with the agreement;","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"4":{"id":219712,"text":"the restraint prevents use after expiration of the stated duration of the contract or a stated number of uses; or","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"b4"},"5":{"id":219713,"text":"the restraint prevents use after the contract terminates, other than on expiration of a stated duration or number of uses, and the licensor gives reasonable notice to the licensee before further use is prevented.","type":"section","prefixes":["b","4"],"prefix":"4","entire_prefix":"b4","prefix_anchor":"b4","level":2,"prior_prefix":"b3","next_prefix":"c"},"6":{"id":219714,"text":"This section does not authorize an automatic restraint that affirmatively prevents or makes impracticable a licensee’s access to its own information or information of a third party, other than the licensor, if that information is in the possession of the licensee or a third party.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b4","next_prefix":"d"},"7":{"id":219715,"text":"A party that includes or uses an automatic restraint consistent with subsection (b) or (c) is not liable for any loss caused by the use of the restraint.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"8":{"id":219716,"text":"This section does not preclude electronic replacement or disabling of an earlier copy of information by the licensor in connection with delivery of a new copy or version under an agreement to replace or disable the earlier copy by electronic means with an upgrade or other new information.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"9":{"id":219717,"text":"This section does not authorize use of an automatic restraint to enforce remedies because of breach of contract or for cancellation for breach. If a right to cancel for breach of contract and a right to exercise restraint under subdivision (b) (4) exist simultaneously, affirmative acts constituting electronic self-help must be taken pursuant to § 59.1-508.16, including its prohibition on mass-market transactions, instead of this section. Affirmative acts under this subsection do not include (i) use of a program, code, device, or similar electronic or physical limitation that operates automatically without regard to breach or (ii) a refusal to prevent the operation of a restraint authorized by this section or to reverse its effect.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-506.5\/","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 2001, chapter 763<\/a>.<\/p>","references":[{"id":71699,"section_number":"59.1-506.18","catch_line":"Termination; enforcement","order_by":null,"url":"\/59.1-506.18\/"}],"refers_to":[{"id":69891,"section_number":"59.1-508.16","catch_line":"Limitations on electronic self-help","order_by":null,"url":"\/59.1-508.16\/"}],"permalink":{"id":262243,"object_type":"law","relational_id":60020,"identifier":"59.1-506.5","token":"59.1\/43\/6\/59.1-506.5","url":"\/59.1-506.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-506.5\/","token":"59.1\/43\/6\/59.1-506.5","dublin_core":{"Title":"Electronic regulation of performance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-506.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In this section, “automatic restraint<\/span>” means a program, code, device, or similar electronic or physical limitation the intended purpose of which is to prevent use of information contrary to the contract<\/span> or applicable law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A party<\/span> entitled to enforce a limitation on use of information may include an automatic restraint<\/span> in the information or a copy of it and use that restraint if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a term of the agreement authorizes use of the restraint; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the restraint prevents a use that is inconsistent with the agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the restraint prevents use after expiration of the stated duration of the contract<\/span> or a stated number of uses; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> the restraint prevents use after the contract<\/span> terminates, other than on expiration of a stated duration or number of uses, and the licensor gives reasonable notice to the licensee before further use is prevented. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> This section does not authorize an automatic restraint<\/span> that affirmatively prevents or makes impracticable a licensee’s access to its own information or information of a third party<\/span>, other than the licensor, if that information is in the possession<\/span> of the licensee or a third party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> A party<\/span> that includes or uses an automatic restraint<\/span> consistent with subsection (b) or (c) is not liable for any loss caused by the use of the restraint. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> This section does not preclude electronic replacement or disabling of an earlier copy of information by the licensor in connection with delivery of a new copy or version under an agreement to replace or disable the earlier copy by electronic means with an upgrade or other new information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> This section does not authorize use of an automatic restraint<\/span> to enforce remedies because of breach of contract<\/span> or for cancellation for breach. If a right to cancel for breach of contract<\/span> and a right to exercise restraint under subdivision (b) (4) exist simultaneously, affirmative acts constituting electronic self-help must be taken pursuant to § 59.1-508.16<\/a>, including its prohibition on mass-market transactions, instead of this section. Affirmative acts under this subsection do not include (i) use of a program, code, device, or similar electronic or physical limitation that operates automatically without regard to breach or (ii) a refusal to prevent the operation of a restraint authorized by this section or to reverse<\/span> its effect. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELECTRONIC REGULATION OF PERFORMANCE (\u00a7 59.1-506.5)\n\na. In this section, “automatic restraint” means a program, code,\ndevice, or similar electronic or physical limitation the intended purpose of\nwhich is to prevent use of information contrary to the contract or applicable\nlaw.\n\nb. A party entitled to enforce a limitation on use of information may include an\nautomatic restraint in the information or a copy of it and use that restraint\nif:\n\n 1. a term of the agreement authorizes use of the restraint;\n\n 2. the restraint prevents a use that is inconsistent with the agreement;\n\n 3. the restraint prevents use after expiration of the stated duration of the\n contract or a stated number of uses; or\n\n 4. the restraint prevents use after the contract terminates, other than on\n expiration of a stated duration or number of uses, and the licensor gives\n reasonable notice to the licensee before further use is prevented.\n\nc. This section does not authorize an automatic restraint that affirmatively\nprevents or makes impracticable a licensee’s access to its own information\nor information of a third party, other than the licensor, if that information is\nin the possession of the licensee or a third party.\n\nd. A party that includes or uses an automatic restraint consistent with\nsubsection (b) or (c) is not liable for any loss caused by the use of the\nrestraint.\n\ne. This section does not preclude electronic replacement or disabling of an\nearlier copy of information by the licensor in connection with delivery of a new\ncopy or version under an agreement to replace or disable the earlier copy by\nelectronic means with an upgrade or other new information.\n\nf. This section does not authorize use of an automatic restraint to enforce\nremedies because of breach of contract or for cancellation for breach. If a\nright to cancel for breach of contract and a right to exercise restraint under\nsubdivision (b) (4) exist simultaneously, affirmative acts constituting\nelectronic self-help must be taken pursuant to § 59.1-508.16, including its\nprohibition on mass-market transactions, instead of this section. Affirmative\nacts under this subsection do not include (i) use of a program, code, device, or\nsimilar electronic or physical limitation that operates automatically without\nregard to breach or (ii) a refusal to prevent the operation of a restraint\nauthorized by this section or to reverse its effect.\n\nHISTORY: 2000, cc. 101, 996; 2001, c. 763.","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}}