                                 CODE OF VIRGINIA

ACCESS CONTRACTS (§ 59.1-506.11)

a. If an access contract provides for access over a period of time, the
following rules apply:

   1. The licensee&#8217;s rights of access are to the information as modified
   and made commercially available by the licensor from time to time during that
   period.

   2. A change in the content of the information is a breach of contract only if
   the change conflicts with an express term of the agreement.

   3. Unless it is subject to a contractual use term, information obtained by the
   licensee is free of any use restriction other than a restriction resulting
   from the informational rights of another person or other law.

   4. Access must be available:

A. at times and in a manner conforming to the express terms of the agreement;
and

B. to the extent not expressly stated in the agreement, at times and in a manner
reasonable for the particular type of contract in light of the ordinary
standards of the business, trade, or industry.

b. In an access contract that gives the licensee a right of access at times
substantially of its own choosing during agreed periods, an occasional failure
to have access available during those times is not a breach of contract if it
is:

   1. consistent with ordinary standards of the business, trade, or industry for
   the particular type of contract; or

   2. caused by:

A. scheduled downtime;

B. reasonable needs for maintenance;

C. reasonable periods of failure of equipment, computer programs, or
communications; or

D. events reasonably beyond the licensor&#8217;s control, and the licensor
exercises such commercially reasonable efforts as the circumstances require.

HISTORY: 2000, cc. 101, 996.