                                 CODE OF VIRGINIA

RIGHT TO POSSESSION AND TO PREVENT USE (§ 59.1-508.15)

a. On cancellation of a license, the licensor has the right:

   1. to possession of all copies of the licensed information in the possession
   or control of the licensee and any other materials pertaining to that
   information which by contract are to be returned or delivered by the licensee
   to the licensor; and

   2. to prevent the continued exercise of contractual and informational rights
   in the licensed information under the license.

b. Except as otherwise provided in § 59.1-508.14, a licensor may exercise his
rights under subsection (a) without judicial process only if this can be done:

   1. without a breach of the peace;

   2. without a foreseeable risk of personal injury or significant physical
   damage to information or property other than the licensed information; and

   3. in accordance with &#xA7; 59.1-508.16.

c. In a judicial proceeding, the court may enjoin a licensee in breach of
contract from continued use of the information and informational rights and may
order the licensor or a judicial officer to take the steps described in &#xA7;
59.1-506.18.

d. A party has a right to an expedited judicial hearing on a request for
prejudgment relief to enforce or protect its rights under this section.

e. The right to possession under this section is not available to the extent
that the information, before breach of the license and in the ordinary course of
performance under the license, was so altered or commingled that the information
is no longer identifiable or separable.

f. A licensee that provides information to a licensor subject to contractual use
terms has the rights and is subject to the limitations of a licensor under this
section with respect to the information he provides.

HISTORY: 2000, cc. 101, 996.