                                 CODE OF VIRGINIA

IMPLIED WARRANTY; LICENSEE&#8217;S PURPOSE; SYSTEM INTEGRATION (§ 59.1-504.5)

a. Unless the warranty is disclaimed or modified, if a licensor at the time of
contracting has reason to know any particular purpose for which the computer
information is required and that the licensee is relying on the licensor&#8217;s
skill or judgment to select, develop, or furnish suitable information, the
following rules apply:

   1. Except as otherwise provided in paragraph (2), there is an implied warranty
   that the information is fit for that purpose.

   2. If from all the circumstances it appears that the licensor was to be paid
   for the amount of its time or effort regardless of the fitness of the
   resulting information, the warranty under paragraph (1) is that the
   information will not fail to achieve the licensee&#8217;s particular purpose
   as a result of the licensor&#8217;s lack of reasonable effort.

b. There is no warranty under subsection (a) with regard to:

   1. the aesthetics, appeal, suitability to taste, or subjective quality of
   informational content; or

   2. published informational content, but there may be a warranty with regard to
   the licensor&#8217;s selection among published informational content from
   different providers if the selection is made by an individual acting as or on
   behalf of the licensor.

c. If an agreement requires a licensor to provide or select a system consisting
of computer programs and goods, and the licensor has reason to know that the
licensee is relying on the skill or judgment of the licensor to select the
components of the system, there is an implied warranty that the components
provided or selected will function together as a system.

d. The warranty under this section is not subject to the preclusion in &#xA7;
59.1-501.15 (b) (1) on disclaiming diligence, reasonableness, or care.

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