{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-508.16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-508.16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-508.16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-508.16.html"}],"law_id":69891,"edition_id":1,"section_id":69891,"structure_id":13931,"section_number":"59.1-508.16","catch_line":"Limitations on electronic self-help","history":"2000, cc. 101, 996; 2001, c. 763.","full_text":"a\n\nIn this section,1\n\n“electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 59.1-508.15 (b); and2\n\n“wrongful use of electronic self-help” means use of electronic self-help other than in compliance with this section.b\n\nOn cancellation of a license, electronic self-help is not permitted, except as provided in this section. Notwithstanding any provision to the contrary, electronic self-help is prohibited in mass-market transactions.c\n\nIf the parties agree to permit electronic self-help, a licensee shall separately manifest assent to a term authorizing use of electronic self-help. In accordance with subsection (c) of \u00a7 59.1-501.12, a general assent to a license containing a term authorizing use of electronic self-help is not sufficient to manifest assent to the use of electronic self-help. The term must:1\n\nprovide for notice of exercise as provided in subsection (d);2\n\nstate the name of the person designated by the licensee to which notice of exercise must be given and the manner in which notice must be given and place to which notice must be sent to that person; and3\n\nprovide a simple procedure for the licensee to change the designated person or place.d\n\nBefore resorting to electronic self-help authorized by a term of the license, the licensor shall give notice in a record to the person designated by the licensee stating:1\n\nthat the licensor intends to resort to electronic self-help as a remedy on or after forty-five days following receipt by the licensee of the notice;2\n\nthe nature of the claimed breach that entitles the licensor to resort to self-help; and3\n\nthe name, title, and address, including direct telephone number, facsimile number, or e-mail address, to which the licensee may communicate concerning the claimed breach.e\n\nA licensee may recover direct and incidental damages caused by wrongful use of electronic self-help. The licensee may also recover consequential damages for wrongful use of electronic self-help, whether or not those damages are excluded by the terms of the license, if:1\n\nwithin the period specified in subsection (d) (1), the licensee gives notice to the licensor’s designated person describing in good faith the general nature and magnitude of damages;2\n\nthe licensor has reason to know the damages of the type described in subsection (f) may result from the wrongful use of electronic self-help; or3\n\nthe licensor does not provide the notice required in subsection (d).f\n\nEven if the licensor complies with subsections (c) and (d), electronic self-help may not be used if the licensor has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons not involved in the dispute.g\n\nA court of competent jurisdiction of the Commonwealth shall give prompt consideration to a petition for injunctive relief and may enjoin, temporarily or permanently, the licensor from exercising electronic self-help even if authorized by a license term or enjoin the licensee from misappropriation or misuse of computer information, as may be appropriate, upon consideration of the following:1\n\nharm of the kinds stated in subsection (f), or the threat thereof, whether or not the licensor has reason to know of those circumstances;2\n\nirreparable harm or threat of irreparable harm to the licensee or licensor;3\n\nthat the party seeking the relief is more likely than not to succeed under his claim when it is finally adjudicated;4\n\nthat all of the conditions to entitle a person to the relief under the laws of the Commonwealth have been fulfilled; and5\n\nthat the party that may be adversely affected is adequately protected against loss, including a loss because of misappropriation or misuse of computer information, that he may suffer because the relief is granted under this chapter.h\n\nBefore breach of contract, rights or obligations under this section may not be waived or varied by an agreement, but the parties may prohibit use of electronic self-help, and the parties, in the term referred to in subsection (c), may specify additional provisions more favorable to the licensee.i\n\nThis section does not apply if the licensor obtains physical possession of a copy without a breach of the peace and without the use of electronic self-help; in which case, a lawfully obtained copy may be erased or disabled by electronic means.","order_by":null,"text":{"0":{"id":252551,"text":"In this section,","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":252552,"text":"“electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 59.1-508.15 (b); and","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":252553,"text":"“wrongful use of electronic self-help” means use of electronic self-help other than in compliance with this section.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"b"},"3":{"id":252554,"text":"On cancellation of a license, electronic self-help is not permitted, except as provided in this section. Notwithstanding any provision to the contrary, electronic self-help is prohibited in mass-market transactions.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a2","next_prefix":"c"},"4":{"id":252555,"text":"If the parties agree to permit electronic self-help, a licensee shall separately manifest assent to a term authorizing use of electronic self-help. In accordance with subsection (c) of \u00a7 59.1-501.12, a general assent to a license containing a term authorizing use of electronic self-help is not sufficient to manifest assent to the use of electronic self-help. The term must:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"5":{"id":252556,"text":"provide for notice of exercise as provided in subsection (d);","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"6":{"id":252557,"text":"state the name of the person designated by the licensee to which notice of exercise must be given and the manner in which notice must be given and place to which notice must be sent to that person; and","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"7":{"id":252558,"text":"provide a simple procedure for the licensee to change the designated person or place.","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"d"},"8":{"id":252559,"text":"Before resorting to electronic self-help authorized by a term of the license, the licensor shall give notice in a record to the person designated by the licensee stating:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c3","next_prefix":"d1"},"9":{"id":252560,"text":"that the licensor intends to resort to electronic self-help as a remedy on or after forty-five days following receipt by the licensee of the notice;","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"10":{"id":252561,"text":"the nature of the claimed breach that entitles the licensor to resort to self-help; and","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"d3"},"11":{"id":252562,"text":"the name, title, and address, including direct telephone number, facsimile number, or e-mail address, to which the licensee may communicate concerning the claimed breach.","type":"section","prefixes":["d","3"],"prefix":"3","entire_prefix":"d3","prefix_anchor":"d3","level":2,"prior_prefix":"d2","next_prefix":"e"},"12":{"id":252563,"text":"A licensee may recover direct and incidental damages caused by wrongful use of electronic self-help. The licensee may also recover consequential damages for wrongful use of electronic self-help, whether or not those damages are excluded by the terms of the license, if:","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d3","next_prefix":"e1"},"13":{"id":252564,"text":"within the period specified in subsection (d) (1), the licensee gives notice to the licensor’s designated person describing in good faith the general nature and magnitude of damages;","type":"section","prefixes":["e","1"],"prefix":"1","entire_prefix":"e1","prefix_anchor":"e1","level":2,"prior_prefix":"e","next_prefix":"e2"},"14":{"id":252565,"text":"the licensor has reason to know the damages of the type described in subsection (f) may result from the wrongful use of electronic self-help; or","type":"section","prefixes":["e","2"],"prefix":"2","entire_prefix":"e2","prefix_anchor":"e2","level":2,"prior_prefix":"e1","next_prefix":"e3"},"15":{"id":252566,"text":"the licensor does not provide the notice required in subsection (d).","type":"section","prefixes":["e","3"],"prefix":"3","entire_prefix":"e3","prefix_anchor":"e3","level":2,"prior_prefix":"e2","next_prefix":"f"},"16":{"id":252567,"text":"Even if the licensor complies with subsections (c) and (d), electronic self-help may not be used if the licensor has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons not involved in the dispute.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e3","next_prefix":"g"},"17":{"id":252568,"text":"A court of competent jurisdiction of the Commonwealth shall give prompt consideration to a petition for injunctive relief and may enjoin, temporarily or permanently, the licensor from exercising electronic self-help even if authorized by a license term or enjoin the licensee from misappropriation or misuse of computer information, as may be appropriate, upon consideration of the following:","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f","next_prefix":"g1"},"18":{"id":252569,"text":"harm of the kinds stated in subsection (f), or the threat thereof, whether or not the licensor has reason to know of those circumstances;","type":"section","prefixes":["g","1"],"prefix":"1","entire_prefix":"g1","prefix_anchor":"g1","level":2,"prior_prefix":"g","next_prefix":"g2"},"19":{"id":252570,"text":"irreparable harm or threat of irreparable harm to the licensee or licensor;","type":"section","prefixes":["g","2"],"prefix":"2","entire_prefix":"g2","prefix_anchor":"g2","level":2,"prior_prefix":"g1","next_prefix":"g3"},"20":{"id":252571,"text":"that the party seeking the relief is more likely than not to succeed under his claim when it is finally adjudicated;","type":"section","prefixes":["g","3"],"prefix":"3","entire_prefix":"g3","prefix_anchor":"g3","level":2,"prior_prefix":"g2","next_prefix":"g4"},"21":{"id":252572,"text":"that all of the conditions to entitle a person to the relief under the laws of the Commonwealth have been fulfilled; and","type":"section","prefixes":["g","4"],"prefix":"4","entire_prefix":"g4","prefix_anchor":"g4","level":2,"prior_prefix":"g3","next_prefix":"g5"},"22":{"id":252573,"text":"that the party that may be adversely affected is adequately protected against loss, including a loss because of misappropriation or misuse of computer information, that he may suffer because the relief is granted under this chapter.","type":"section","prefixes":["g","5"],"prefix":"5","entire_prefix":"g5","prefix_anchor":"g5","level":2,"prior_prefix":"g4","next_prefix":"h"},"23":{"id":252574,"text":"Before breach of contract, rights or obligations under this section may not be waived or varied by an agreement, but the parties may prohibit use of electronic self-help, and the parties, in the term referred to in subsection (c), may specify additional provisions more favorable to the licensee.","type":"section","prefixes":["h"],"prefix":"h","entire_prefix":"h","prefix_anchor":"h","level":1,"prior_prefix":"g5","next_prefix":"i"},"24":{"id":252575,"text":"This section does not apply if the licensor obtains physical possession of a copy without a breach of the peace and without the use of electronic self-help; in which case, a lawfully obtained copy may be erased or disabled by electronic means.","type":"section","prefixes":["i"],"prefix":"i","entire_prefix":"i","prefix_anchor":"i","level":1,"prior_prefix":"h"}},"ancestry":[{"id":13931,"edition_id":1,"name":"Remedies","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:20","date_modified":"2026-06-26 03:46:20","permalink":{"id":262309,"object_type":"structure","relational_id":13931,"identifier":"8","token":"59.1\/43\/8","url":"\/59.1\/43\/8\/","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":63224,"structure_id":13931,"section_number":"59.1-508.1","catch_line":"Remedies in general","url":"\/59.1-508.1\/","token":"59.1\/43\/8\/59.1-508.1","metadata":false},{"id":62869,"structure_id":13931,"section_number":"59.1-508.10","catch_line":"Recoupment","url":"\/59.1-508.10\/","token":"59.1\/43\/8\/59.1-508.10","metadata":false},{"id":83172,"structure_id":13931,"section_number":"59.1-508.11","catch_line":"Specific performance","url":"\/59.1-508.11\/","token":"59.1\/43\/8\/59.1-508.11","metadata":false},{"id":71286,"structure_id":13931,"section_number":"59.1-508.12","catch_line":"Completing performance","url":"\/59.1-508.12\/","token":"59.1\/43\/8\/59.1-508.12","metadata":false},{"id":64039,"structure_id":13931,"section_number":"59.1-508.13","catch_line":"Continuing use","url":"\/59.1-508.13\/","token":"59.1\/43\/8\/59.1-508.13","metadata":false},{"id":57350,"structure_id":13931,"section_number":"59.1-508.14","catch_line":"Discontinuing access","url":"\/59.1-508.14\/","token":"59.1\/43\/8\/59.1-508.14","metadata":false},{"id":66526,"structure_id":13931,"section_number":"59.1-508.15","catch_line":"Right to possession and to prevent use","url":"\/59.1-508.15\/","token":"59.1\/43\/8\/59.1-508.15","metadata":false},{"id":69891,"structure_id":13931,"section_number":"59.1-508.16","catch_line":"Limitations on electronic self-help","url":"\/59.1-508.16\/","token":"59.1\/43\/8\/59.1-508.16","metadata":false},{"id":77443,"structure_id":13931,"section_number":"59.1-508.17","catch_line":"Reserved","url":"\/59.1-508.17\/","token":"59.1\/43\/8\/59.1-508.17","metadata":false},{"id":75036,"structure_id":13931,"section_number":"59.1-508.2","catch_line":"Cancellation","url":"\/59.1-508.2\/","token":"59.1\/43\/8\/59.1-508.2","metadata":false},{"id":64229,"structure_id":13931,"section_number":"59.1-508.3","catch_line":"Contractual modification of remedy","url":"\/59.1-508.3\/","token":"59.1\/43\/8\/59.1-508.3","metadata":false},{"id":83760,"structure_id":13931,"section_number":"59.1-508.4","catch_line":"Liquidation of damages","url":"\/59.1-508.4\/","token":"59.1\/43\/8\/59.1-508.4","metadata":false},{"id":75111,"structure_id":13931,"section_number":"59.1-508.5","catch_line":"Limitation of actions","url":"\/59.1-508.5\/","token":"59.1\/43\/8\/59.1-508.5","metadata":false},{"id":73040,"structure_id":13931,"section_number":"59.1-508.6","catch_line":"Remedies for fraud","url":"\/59.1-508.6\/","token":"59.1\/43\/8\/59.1-508.6","metadata":false},{"id":54986,"structure_id":13931,"section_number":"59.1-508.7","catch_line":"Measurement of damages in general","url":"\/59.1-508.7\/","token":"59.1\/43\/8\/59.1-508.7","metadata":false},{"id":63047,"structure_id":13931,"section_number":"59.1-508.8","catch_line":"Licensor's damages","url":"\/59.1-508.8\/","token":"59.1\/43\/8\/59.1-508.8","metadata":false},{"id":86801,"structure_id":13931,"section_number":"59.1-508.9","catch_line":"Licensee's damages","url":"\/59.1-508.9\/","token":"59.1\/43\/8\/59.1-508.9","metadata":false}],"previous_section":{"id":66526,"structure_id":13931,"section_number":"59.1-508.15","catch_line":"Right to possession and to prevent use","url":"\/59.1-508.15\/","token":"59.1\/43\/8\/59.1-508.15","metadata":false},"next_section":{"id":77443,"structure_id":13931,"section_number":"59.1-508.17","catch_line":"Reserved","url":"\/59.1-508.17\/","token":"59.1\/43\/8\/59.1-508.17","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-508.16\/","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":87480,"section_number":"59.1-501.15","catch_line":"Variation by agreement; commercial practice","order_by":null,"url":"\/59.1-501.15\/"},{"id":60020,"section_number":"59.1-506.5","catch_line":"Electronic regulation of performance","order_by":null,"url":"\/59.1-506.5\/"}],"refers_to":[{"id":72667,"section_number":"59.1-501.12","catch_line":"Manifesting assent","order_by":null,"url":"\/59.1-501.12\/"},{"id":66526,"section_number":"59.1-508.15","catch_line":"Right to possession and to prevent use","order_by":null,"url":"\/59.1-508.15\/"}],"permalink":{"id":262339,"object_type":"law","relational_id":69891,"identifier":"59.1-508.16","token":"59.1\/43\/8\/59.1-508.16","url":"\/59.1-508.16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-508.16\/","token":"59.1\/43\/8\/59.1-508.16","dublin_core":{"Title":"Limitations on electronic self-help","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-508.16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In this section, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “electronic self-help<\/span>” means the use of electronic means to exercise a licensor’s rights under § 59.1-508.15<\/a> (b); and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “wrongful use of electronic self-help<\/span>” means use of electronic self-help other than in compliance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> On cancellation of a license, electronic self-help is not permitted, except as provided in this section. Notwithstanding any provision to the contrary, electronic self-help is prohibited in mass-market transactions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> If the parties agree to permit electronic self-help, a licensee shall separately manifest assent to a term authorizing use of electronic self-help. In accordance with subsection (c) of \u00a7 59.1-501.12<\/a>, a general assent to a license containing a term authorizing use of electronic self-help is not sufficient to manifest assent to the use of electronic self-help. The term must: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> provide for notice of exercise as provided in subsection (d); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> state the name of the person designated by the licensee to which notice of exercise must be given and the manner in which notice must be given and place to which notice must be sent to that person; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> provide a simple procedure for the licensee to change the designated person or place. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Before resorting to electronic self-help authorized by a term of the license, the licensor shall give notice in a record to the person designated by the licensee stating: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> that the licensor intends to resort to electronic self-help as a remedy on or after forty-five days following receipt by the licensee of the notice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the nature of the claimed breach that entitles the licensor to resort to self-help; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the name, title, and address, including direct telephone number, facsimile number, or e-mail address, to which the licensee may communicate concerning the claimed breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> A licensee may recover direct and incidental damages<\/span> caused by wrongful use of electronic self-help<\/span>. The licensee may also recover consequential damages<\/span> for wrongful use of electronic self-help<\/span>, whether or not those damages<\/span> are excluded by the terms of the license, if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> within the period specified in subsection (d) (1), the licensee gives notice to the licensor’s designated person describing in good faith the general nature and magnitude of damages<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the licensor has reason to know the damages<\/span> of the type described in subsection (f) may result from the wrongful use of electronic self-help<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> the licensor does not provide the notice required in subsection (d). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> Even if the licensor complies with subsections (c) and (d), electronic self-help may not be used if the licensor has reason to know that its use will result in substantial injury or harm to the public health or safety or grave harm to the public interest substantially affecting third persons not involved in the dispute. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> A court<\/span> of competent jurisdiction<\/span> of the Commonwealth shall give prompt consideration to a petition<\/span> for injunctive relief and may enjoin, temporarily or permanently, the licensor from exercising electronic self-help even if authorized by a license term or enjoin the licensee from misappropriation or misuse of computer information, as may be appropriate, upon consideration of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> harm of the kinds stated in subsection (f), or the threat thereof, whether or not the licensor has reason to know of those circumstances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> irreparable harm or threat of irreparable harm to the licensee or licensor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> that the party<\/span> seeking the relief is more likely than not to succeed under his claim when it is finally adjudicated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> that all of the conditions to entitle a person to the relief under the laws<\/span> of the Commonwealth have been fulfilled; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> that the party<\/span> that may be adversely affected is adequately protected against loss, including a loss because of misappropriation or misuse of computer information, that he may suffer because the relief is granted under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

h.<\/span> Before breach of contract<\/span>, rights or obligations under this section may not be waived or varied by an agreement, but the parties may prohibit use of electronic self-help, and the parties, in the term referred to in subsection (c), may specify additional provisions more favorable to the licensee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> This section does not apply if the licensor obtains physical possession<\/span> of a copy without a breach of the peace and without the use of electronic self-help; in which case, a lawfully obtained copy may be erased or disabled by electronic means. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATIONS ON ELECTRONIC SELF-HELP (\u00a7 59.1-508.16)\n\na. In this section,\n\n 1. “electronic self-help” means the use of electronic means to\n exercise a licensor’s rights under § 59.1-508.15 (b); and\n\n 2. “wrongful use of electronic self-help” means use of electronic\n self-help other than in compliance with this section.\n\nb. On cancellation of a license, electronic self-help is not permitted, except\nas provided in this section. Notwithstanding any provision to the contrary,\nelectronic self-help is prohibited in mass-market transactions.\n\nc. If the parties agree to permit electronic self-help, a licensee shall\nseparately manifest assent to a term authorizing use of electronic self-help. In\naccordance with subsection (c) of \u00a7 59.1-501.12, a general assent to a license\ncontaining a term authorizing use of electronic self-help is not sufficient to\nmanifest assent to the use of electronic self-help. The term must:\n\n 1. provide for notice of exercise as provided in subsection (d);\n\n 2. state the name of the person designated by the licensee to which notice of\n exercise must be given and the manner in which notice must be given and place\n to which notice must be sent to that person; and\n\n 3. provide a simple procedure for the licensee to change the designated person\n or place.\n\nd. Before resorting to electronic self-help authorized by a term of the license,\nthe licensor shall give notice in a record to the person designated by the\nlicensee stating:\n\n 1. that the licensor intends to resort to electronic self-help as a remedy on\n or after forty-five days following receipt by the licensee of the notice;\n\n 2. the nature of the claimed breach that entitles the licensor to resort to\n self-help; and\n\n 3. the name, title, and address, including direct telephone number, facsimile\n number, or e-mail address, to which the licensee may communicate concerning\n the claimed breach.\n\ne. A licensee may recover direct and incidental damages caused by wrongful use\nof electronic self-help. The licensee may also recover consequential damages for\nwrongful use of electronic self-help, whether or not those damages are excluded\nby the terms of the license, if:\n\n 1. within the period specified in subsection (d) (1), the licensee gives\n notice to the licensor’s designated person describing in good faith the\n general nature and magnitude of damages;\n\n 2. the licensor has reason to know the damages of the type described in\n subsection (f) may result from the wrongful use of electronic self-help; or\n\n 3. the licensor does not provide the notice required in subsection (d).\n\nf. Even if the licensor complies with subsections (c) and (d), electronic\nself-help may not be used if the licensor has reason to know that its use will\nresult in substantial injury or harm to the public health or safety or grave\nharm to the public interest substantially affecting third persons not involved\nin the dispute.\n\ng. A court of competent jurisdiction of the Commonwealth shall give prompt\nconsideration to a petition for injunctive relief and may enjoin, temporarily or\npermanently, the licensor from exercising electronic self-help even if\nauthorized by a license term or enjoin the licensee from misappropriation or\nmisuse of computer information, as may be appropriate, upon consideration of the\nfollowing:\n\n 1. harm of the kinds stated in subsection (f), or the threat thereof, whether\n or not the licensor has reason to know of those circumstances;\n\n 2. irreparable harm or threat of irreparable harm to the licensee or licensor;\n\n 3. that the party seeking the relief is more likely than not to succeed under\n his claim when it is finally adjudicated;\n\n 4. that all of the conditions to entitle a person to the relief under the laws\n of the Commonwealth have been fulfilled; and\n\n 5. that the party that may be adversely affected is adequately protected\n against loss, including a loss because of misappropriation or misuse of\n computer information, that he may suffer because the relief is granted under\n this chapter.\n\nh. Before breach of contract, rights or obligations under this section may not\nbe waived or varied by an agreement, but the parties may prohibit use of\nelectronic self-help, and the parties, in the term referred to in subsection\n(c), may specify additional provisions more favorable to the licensee.\n\ni. This section does not apply if the licensor obtains physical possession of a\ncopy without a breach of the peace and without the use of electronic self-help;\nin which case, a lawfully obtained copy may be erased or disabled by electronic\nmeans.\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}}