(a) Subject to subsection (c), an express warranty by a licensor is createdas 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 partof the basis of the bargain creates an express warranty that the informationto be furnished under the agreement will conform to the affirmation orpromise.
(2) Any description of the information which is made part of the basis of thebargain creates an express warranty that the information will conform to thedescription.
(3) Any sample, model, or demonstration of a final product which is made partof the basis of the bargain creates an express warranty that the performanceof the information will reasonably conform to the performance of the sample,model, or demonstration, taking into account differences that would appear toa 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 thelicensor use formal words, such as "warranty" or "guaranty", or state aspecific intention to make a warranty. However, an express warranty is notcreated by:
(1) an affirmation or prediction merely of the value of the information orinformational rights;
(2) a display or description of a portion of the information to illustratethe aesthetics, appeal, suitability to taste, subjective quality, or the likeof informational content; or
(3) a statement purporting to be merely opinion or commendation of theinformation or informational rights.
(c) An express warranty or similar express contractual obligation, if any,exists with respect to published informational content covered by thischapter to the same extent that it would exist if the published informationalcontent had been published in a form that placed it outside this chapter.However, if the warranty or similar express contractual obligation isbreached, the remedies of the aggrieved party are those under this chapterand the agreement.
(a) Subject to subsection (c), an express warranty by a licensor is createdas 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 partof the basis of the bargain creates an express warranty that the informationto be furnished under the agreement will conform to the affirmation orpromise.
(2) Any description of the information which is made part of the basis of thebargain creates an express warranty that the information will conform to thedescription.
(3) Any sample, model, or demonstration of a final product which is made partof the basis of the bargain creates an express warranty that the performanceof the information will reasonably conform to the performance of the sample,model, or demonstration, taking into account differences that would appear toa 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 thelicensor use formal words, such as "warranty" or "guaranty", or state aspecific intention to make a warranty. However, an express warranty is notcreated by:
(1) an affirmation or prediction merely of the value of the information orinformational rights;
(2) a display or description of a portion of the information to illustratethe aesthetics, appeal, suitability to taste, subjective quality, or the likeof informational content; or
(3) a statement purporting to be merely opinion or commendation of theinformation or informational rights.
(c) An express warranty or similar express contractual obligation, if any,exists with respect to published informational content covered by thischapter to the same extent that it would exist if the published informationalcontent had been published in a form that placed it outside this chapter.However, if the warranty or similar express contractual obligation isbreached, the remedies of the aggrieved party are those under this chapterand the agreement.
(a) Subject to subsection (c), an express warranty by a licensor is createdas 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 partof the basis of the bargain creates an express warranty that the informationto be furnished under the agreement will conform to the affirmation orpromise.
(2) Any description of the information which is made part of the basis of thebargain creates an express warranty that the information will conform to thedescription.
(3) Any sample, model, or demonstration of a final product which is made partof the basis of the bargain creates an express warranty that the performanceof the information will reasonably conform to the performance of the sample,model, or demonstration, taking into account differences that would appear toa 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 thelicensor use formal words, such as "warranty" or "guaranty", or state aspecific intention to make a warranty. However, an express warranty is notcreated by:
(1) an affirmation or prediction merely of the value of the information orinformational rights;
(2) a display or description of a portion of the information to illustratethe aesthetics, appeal, suitability to taste, subjective quality, or the likeof informational content; or
(3) a statement purporting to be merely opinion or commendation of theinformation or informational rights.
(c) An express warranty or similar express contractual obligation, if any,exists with respect to published informational content covered by thischapter to the same extent that it would exist if the published informationalcontent had been published in a form that placed it outside this chapter.However, if the warranty or similar express contractual obligation isbreached, the remedies of the aggrieved party are those under this chapterand the agreement.
