§ 59.1-501.5. Relation to federal law; fundamental public policy;transactions subject to other state law.
(a) A provision of this chapter that is preempted by federal law isunenforceable to the extent of the preemption.
(b) If a term of a contract violates a fundamental public policy, the courtmay refuse to enforce the contract, enforce the remainder of the contractwithout the impermissible term, or limit the application of the impermissibleterm so as to avoid a result contrary to public policy, in each case to theextent that the interest in enforcement is clearly outweighed by a publicpolicy against enforcement of the term.
(c) In a transaction in which a copy of computer information in its finalform is made generally available, a term of a contract is unenforceable tothe extent that the term prohibits an end-user licensee from engaging inotherwise lawful public discussion relating to the computer information.However, this subsection does not preclude enforcement of a term thatestablishes or enforces rights under trade secret, trademark, defamation,commercial disparagement, or other laws. This subsection does not alter theapplicability of subsection (b) to any term not rendered unenforceable underthis subsection.
(d) This chapter does not apply to an intellectual property notice that isbased solely on intellectual property rights and is not part of a contract.The effect of such a notice is determined by law other than this chapter.
(e) If a law of the Commonwealth in effect on the effective date of thischapter applies to a transaction governed by this chapter, the followingrules apply:
(1) A requirement that a term, waiver, notice, or disclaimer be in a writingis satisfied by a record.
(2) A requirement that a record, writing, or term be signed is satisfied byan authentication.
(3) A requirement that a term be conspicuous, or the like, is satisfied by aterm that is conspicuous under this chapter.
(4) A requirement of consent or agreement to a term is satisfied by amanifestation of assent to the term in accordance with this chapter.
(2000, cc. 101, 996; 2001, cc. 762, 763; 2004, c. 794.)
§ 59.1-501.5. Relation to federal law; fundamental public policy;transactions subject to other state law.
(a) A provision of this chapter that is preempted by federal law isunenforceable to the extent of the preemption.
(b) If a term of a contract violates a fundamental public policy, the courtmay refuse to enforce the contract, enforce the remainder of the contractwithout the impermissible term, or limit the application of the impermissibleterm so as to avoid a result contrary to public policy, in each case to theextent that the interest in enforcement is clearly outweighed by a publicpolicy against enforcement of the term.
(c) In a transaction in which a copy of computer information in its finalform is made generally available, a term of a contract is unenforceable tothe extent that the term prohibits an end-user licensee from engaging inotherwise lawful public discussion relating to the computer information.However, this subsection does not preclude enforcement of a term thatestablishes or enforces rights under trade secret, trademark, defamation,commercial disparagement, or other laws. This subsection does not alter theapplicability of subsection (b) to any term not rendered unenforceable underthis subsection.
(d) This chapter does not apply to an intellectual property notice that isbased solely on intellectual property rights and is not part of a contract.The effect of such a notice is determined by law other than this chapter.
(e) If a law of the Commonwealth in effect on the effective date of thischapter applies to a transaction governed by this chapter, the followingrules apply:
(1) A requirement that a term, waiver, notice, or disclaimer be in a writingis satisfied by a record.
(2) A requirement that a record, writing, or term be signed is satisfied byan authentication.
(3) A requirement that a term be conspicuous, or the like, is satisfied by aterm that is conspicuous under this chapter.
(4) A requirement of consent or agreement to a term is satisfied by amanifestation of assent to the term in accordance with this chapter.
(2000, cc. 101, 996; 2001, cc. 762, 763; 2004, c. 794.)
§ 59.1-501.5. Relation to federal law; fundamental public policy;transactions subject to other state law.
(a) A provision of this chapter that is preempted by federal law isunenforceable to the extent of the preemption.
(b) If a term of a contract violates a fundamental public policy, the courtmay refuse to enforce the contract, enforce the remainder of the contractwithout the impermissible term, or limit the application of the impermissibleterm so as to avoid a result contrary to public policy, in each case to theextent that the interest in enforcement is clearly outweighed by a publicpolicy against enforcement of the term.
(c) In a transaction in which a copy of computer information in its finalform is made generally available, a term of a contract is unenforceable tothe extent that the term prohibits an end-user licensee from engaging inotherwise lawful public discussion relating to the computer information.However, this subsection does not preclude enforcement of a term thatestablishes or enforces rights under trade secret, trademark, defamation,commercial disparagement, or other laws. This subsection does not alter theapplicability of subsection (b) to any term not rendered unenforceable underthis subsection.
(d) This chapter does not apply to an intellectual property notice that isbased solely on intellectual property rights and is not part of a contract.The effect of such a notice is determined by law other than this chapter.
(e) If a law of the Commonwealth in effect on the effective date of thischapter applies to a transaction governed by this chapter, the followingrules apply:
(1) A requirement that a term, waiver, notice, or disclaimer be in a writingis satisfied by a record.
(2) A requirement that a record, writing, or term be signed is satisfied byan authentication.
(3) A requirement that a term be conspicuous, or the like, is satisfied by aterm that is conspicuous under this chapter.
(4) A requirement of consent or agreement to a term is satisfied by amanifestation of assent to the term in accordance with this chapter.
(2000, cc. 101, 996; 2001, cc. 762, 763; 2004, c. 794.)
