(a) Except as otherwise provided in this section, the risk of loss as to acopy that is to be delivered to a licensee, including a copy delivered byelectronic means, passes to the licensee upon its receipt of the copy.
(b) If an agreement requires or authorizes a licensor to send a copy on atangible medium by carrier, the following rules apply:
(1) If the agreement does not require the licensor to deliver the copy at aparticular destination, the risk of loss passes to the licensee when the copyis duly delivered to the carrier, even if the shipment is under reservation.
(2) If the agreement requires the licensor to deliver the copy at aparticular destination and the copy is duly tendered there in the possessionof the carrier, the risk of loss passes to the licensee when the copy istendered at that destination.
(3) If a tender of delivery of a copy or a shipping document fails to conformto the contract, the risk of loss remains with the licensor until cure oracceptance.
(c) If a copy is held by a third party to be delivered or reproduced withoutbeing moved or a copy is to be delivered by making access available to athird party resource containing a copy, the risk of loss passes to thelicensee upon:
(1) the licensee's receipt of a negotiable document of title or other accessmaterials covering the copy;
(2) acknowledgment by the third party to the licensee of the licensee's rightto possession of or access to the copy; or
(3) the licensee's receipt of a record directing the third party, pursuant toan agreement between the licensor and the third party, to make delivery orauthorizing the third party to allow access.
(a) Except as otherwise provided in this section, the risk of loss as to acopy that is to be delivered to a licensee, including a copy delivered byelectronic means, passes to the licensee upon its receipt of the copy.
(b) If an agreement requires or authorizes a licensor to send a copy on atangible medium by carrier, the following rules apply:
(1) If the agreement does not require the licensor to deliver the copy at aparticular destination, the risk of loss passes to the licensee when the copyis duly delivered to the carrier, even if the shipment is under reservation.
(2) If the agreement requires the licensor to deliver the copy at aparticular destination and the copy is duly tendered there in the possessionof the carrier, the risk of loss passes to the licensee when the copy istendered at that destination.
(3) If a tender of delivery of a copy or a shipping document fails to conformto the contract, the risk of loss remains with the licensor until cure oracceptance.
(c) If a copy is held by a third party to be delivered or reproduced withoutbeing moved or a copy is to be delivered by making access available to athird party resource containing a copy, the risk of loss passes to thelicensee upon:
(1) the licensee's receipt of a negotiable document of title or other accessmaterials covering the copy;
(2) acknowledgment by the third party to the licensee of the licensee's rightto possession of or access to the copy; or
(3) the licensee's receipt of a record directing the third party, pursuant toan agreement between the licensor and the third party, to make delivery orauthorizing the third party to allow access.
(a) Except as otherwise provided in this section, the risk of loss as to acopy that is to be delivered to a licensee, including a copy delivered byelectronic means, passes to the licensee upon its receipt of the copy.
(b) If an agreement requires or authorizes a licensor to send a copy on atangible medium by carrier, the following rules apply:
(1) If the agreement does not require the licensor to deliver the copy at aparticular destination, the risk of loss passes to the licensee when the copyis duly delivered to the carrier, even if the shipment is under reservation.
(2) If the agreement requires the licensor to deliver the copy at aparticular destination and the copy is duly tendered there in the possessionof the carrier, the risk of loss passes to the licensee when the copy istendered at that destination.
(3) If a tender of delivery of a copy or a shipping document fails to conformto the contract, the risk of loss remains with the licensor until cure oracceptance.
(c) If a copy is held by a third party to be delivered or reproduced withoutbeing moved or a copy is to be delivered by making access available to athird party resource containing a copy, the risk of loss passes to thelicensee upon:
(1) the licensee's receipt of a negotiable document of title or other accessmaterials covering the copy;
(2) acknowledgment by the third party to the licensee of the licensee's rightto possession of or access to the copy; or
(3) the licensee's receipt of a record directing the third party, pursuant toan agreement between the licensor and the third party, to make delivery orauthorizing the third party to allow access.
