                                 CODE OF VIRGINIA

EXPRESS WARRANTY (§ 59.1-504.2)

a. Subject to subsection (c), an express warranty by a licensor is created as
follows:

   1. An affirmation of fact or promise made by the licensor to its licensee,
   including by advertising, which relates to the information and becomes part of
   the basis of the bargain creates an express warranty that the information to
   be furnished under the agreement will conform to the affirmation or promise.

   2. Any description of the information which is made part of the basis of the
   bargain creates an express warranty that the information will conform to the
   description.

   3. Any sample, model, or demonstration of a final product which is made part
   of the basis of the bargain creates an express warranty that the performance
   of the information will reasonably conform to the performance of the sample,
   model, or demonstration, taking into account differences that would appear to
   a reasonable person in the position of the licensee between the sample, model,
   or demonstration and the information as it will be used.

b. It is not necessary to the creation of an express warranty that the licensor
use formal words, such as &#8220;warranty&#8221; or &#8220;guaranty&#8221;, or
state a specific intention to make a warranty. However, an express warranty is
not created by:

   1. an affirmation or prediction merely of the value of the information or
   informational rights;

   2. a display or description of a portion of the information to illustrate the
   aesthetics, appeal, suitability to taste, subjective quality, or the like of
   informational content; or

   3. a statement purporting to be merely opinion or commendation of the
   information or informational rights.

c. An express warranty or similar express contractual obligation, if any, exists
with respect to published informational content covered by this chapter to the
same extent that it would exist if the published informational content had been
published in a form that placed it outside this chapter. However, if the
warranty or similar express contractual obligation is breached, the remedies of
the aggrieved party are those under this chapter and the agreement.

HISTORY: 2000, cc. 101, 996.