                                 CODE OF VIRGINIA

MASS-MARKET LICENSE (§ 59.1-502.9)

a. A party adopts the terms of a mass-market license for purposes of §
59.1-502.8 only if the party agrees to the license, such as by manifesting
assent, before or during the party&#8217;s initial performance or use of or
access to the information. A term is not part of the license if:

   1. the term is unconscionable or is unenforceable under &#xA7; 59.1-501.5 (a)
   or (b);

   2. subject to &#xA7; 59.1-503.1, the term conflicts with a term to which the
   parties to the license have expressly agreed;

   3. under &#xA7; 59.1-501.13:1, the licensee does not have an opportunity to
   review the term before agreeing to it; or

   4. the term is not available for viewing before and after assent:

A. in a printed license; or

B. 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.

b. 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 § 59.1-501.12 or § 59.1-501.13:1 and, in addition,
to:

   1. reimbursement of any reasonable expenses incurred in complying with the
   licensor&#8217;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

   2. compensation for any reasonable and foreseeable costs of restoring the
   licensee&#8217;s information processing system to reverse changes in the
   system caused by the installation, if:

A. the installation occurs because information must be installed to enable
review of the license; and

B. 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.

c. 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.

HISTORY: 2000, cc. 101, 996; 2001, c. 763; 2004, c. 794.