§ 59.1-506.13. Contracts involving publishers, dealers, and end users.
(a) In this section:
(1) "Dealer" means a merchant licensee that receives information directlyor indirectly from a licensor for sale or license to end users.
(2) "End user" means a licensee that acquires a copy of the informationfrom a dealer by delivery on a tangible medium for the licensee's own use andnot for sale, license, transmission to third persons, or public display orperformance for a fee.
(3) "Publisher" means a licensor, other than a dealer, that offers alicense to an end user with respect to information distributed by a dealer tothe end user.
(b) In a contract between a dealer and an end user, if the end user's rightto use the information or informational rights is subject to a license by thepublisher and there was no opportunity to review the license before the enduser became obligated to pay the dealer, the following rules apply:
(1) The contract between the end user and the dealer is conditioned on theend user's agreement to the publisher's license.
(2) If the end user does not agree, such as by manifesting assent, to theterms of the publisher's license, the end user has a right to a return fromthe dealer. A right under this paragraph is a return for purposes of §§59.1-501.12, 59.1-502.8, and 59.1-502.9.
(3) The dealer is not bound by the terms, and does not receive the benefits,of an agreement between the publisher and the end user unless the dealer andend user adopt those terms as part of the agreement.
(c) If an agreement provides for distribution of copies on a tangible mediumor in packaging provided by the publisher or an authorized third party, adealer may distribute those copies and documentation only:
(1) in the form as received; and
(2) subject to the terms of any license that the publisher provides to thedealer to be furnished to end users.
(d) A dealer that enters into an agreement with an end user is a licensorwith respect to the end user under this chapter.
§ 59.1-506.13. Contracts involving publishers, dealers, and end users.
(a) In this section:
(1) "Dealer" means a merchant licensee that receives information directlyor indirectly from a licensor for sale or license to end users.
(2) "End user" means a licensee that acquires a copy of the informationfrom a dealer by delivery on a tangible medium for the licensee's own use andnot for sale, license, transmission to third persons, or public display orperformance for a fee.
(3) "Publisher" means a licensor, other than a dealer, that offers alicense to an end user with respect to information distributed by a dealer tothe end user.
(b) In a contract between a dealer and an end user, if the end user's rightto use the information or informational rights is subject to a license by thepublisher and there was no opportunity to review the license before the enduser became obligated to pay the dealer, the following rules apply:
(1) The contract between the end user and the dealer is conditioned on theend user's agreement to the publisher's license.
(2) If the end user does not agree, such as by manifesting assent, to theterms of the publisher's license, the end user has a right to a return fromthe dealer. A right under this paragraph is a return for purposes of §§59.1-501.12, 59.1-502.8, and 59.1-502.9.
(3) The dealer is not bound by the terms, and does not receive the benefits,of an agreement between the publisher and the end user unless the dealer andend user adopt those terms as part of the agreement.
(c) If an agreement provides for distribution of copies on a tangible mediumor in packaging provided by the publisher or an authorized third party, adealer may distribute those copies and documentation only:
(1) in the form as received; and
(2) subject to the terms of any license that the publisher provides to thedealer to be furnished to end users.
(d) A dealer that enters into an agreement with an end user is a licensorwith respect to the end user under this chapter.
§ 59.1-506.13. Contracts involving publishers, dealers, and end users.
(a) In this section:
(1) "Dealer" means a merchant licensee that receives information directlyor indirectly from a licensor for sale or license to end users.
(2) "End user" means a licensee that acquires a copy of the informationfrom a dealer by delivery on a tangible medium for the licensee's own use andnot for sale, license, transmission to third persons, or public display orperformance for a fee.
(3) "Publisher" means a licensor, other than a dealer, that offers alicense to an end user with respect to information distributed by a dealer tothe end user.
(b) In a contract between a dealer and an end user, if the end user's rightto use the information or informational rights is subject to a license by thepublisher and there was no opportunity to review the license before the enduser became obligated to pay the dealer, the following rules apply:
(1) The contract between the end user and the dealer is conditioned on theend user's agreement to the publisher's license.
(2) If the end user does not agree, such as by manifesting assent, to theterms of the publisher's license, the end user has a right to a return fromthe dealer. A right under this paragraph is a return for purposes of §§59.1-501.12, 59.1-502.8, and 59.1-502.9.
(3) The dealer is not bound by the terms, and does not receive the benefits,of an agreement between the publisher and the end user unless the dealer andend user adopt those terms as part of the agreement.
(c) If an agreement provides for distribution of copies on a tangible mediumor in packaging provided by the publisher or an authorized third party, adealer may distribute those copies and documentation only:
(1) in the form as received; and
(2) subject to the terms of any license that the publisher provides to thedealer to be furnished to end users.
(d) A dealer that enters into an agreement with an end user is a licensorwith respect to the end user under this chapter.
