Code of Virginia
Chapter 43 - Uniform Computer Information Transactions Act
§ 59.1-508.9. Licensee's damages

(a) Subject to subsection (b) and except as otherwise provided in § 59.1-508.7, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as a result of the breach to the extent not otherwise accounted for under this section:
(1) damages measured in any combination of the following ways, but not to exceed the market value of the performance that was the subject of the breach plus restitution of any amounts paid for performance not received and not accounted for within the indicated recovery:
(A) with respect to performance that has been accepted and the acceptance not rightfully revoked, the value of the performance required less the value of the performance accepted as of the time and place of acceptance;
(B) with respect to performance that has not been rendered or that was rightfully refused or acceptance of which was rightfully revoked:
(i) the amount of any payments made and the value of other consideration given to the licensor with respect to that performance and not previously returned to the licensee;
(ii) the market value of the performance less the contract fee for that performance; or
(iii) the cost of a commercially reasonable substitute transaction less the contract fee under the breached contract, if the substitute transaction was entered into by the licensee in good faith and without unreasonable delay for substantially similar information with the same contractual use terms; or
(C) damages calculated in any reasonable manner; and
(2) incidental and consequential damages.
(b) The amount of damages must be reduced by any unpaid contract fees for performance by the licensor which has been accepted by the licensee and as to which the acceptance has not been rightfully revoked.
2000, cc. 101, 996.

Structure Code of Virginia

Code of Virginia

Title 59.1 - Trade and Commerce

Chapter 43 - Uniform Computer Information Transactions Act

§ 59.1-501.1. Title

§ 59.1-501.2. Definitions

§ 59.1-501.3. Scope; exclusions

§ 59.1-501.4. Repealed

§ 59.1-501.4:1. Consumer protection law governs

§ 59.1-501.5. Relation to federal law; fundamental public policy; transactions subject to other state law

§ 59.1-501.6. Rule of construction

§ 59.1-501.7. Legal recognition of electronic record and authentication; use of electronic agents

§ 59.1-501.8. Proof and effect of authentication

§ 59.1-501.9. Choice of law

§ 59.1-501.10. Contractual choice of forum

§ 59.1-501.11. Unconscionable contract or term

§ 59.1-501.12. Manifesting assent

§ 59.1-501.13. Repealed

§ 59.1-501.13:1. Opportunity to review

§ 59.1-501.14. Repealed

§ 59.1-501.14:1. Pretransaction disclosures in Internet-type transactions

§ 59.1-501.15. Variation by agreement; commercial practice

§ 59.1-501.16. Supplemental principles; good faith; commercial practice

§ 59.1-501.17. Decision for court; legal consequences; reasonable time; reason to know

§ 59.1-501.18. Reserved

§ 59.1-502.1. Formal requirements

§ 59.1-502.2. Formation in general

§ 59.1-502.3. Offer and acceptance in general

§ 59.1-502.4. Acceptance with varying terms

§ 59.1-502.5. Conditional offer or acceptance

§ 59.1-502.6. Offer and acceptance; electronic agents

§ 59.1-502.7. Formation; releases of informational rights

§ 59.1-502.8. Adopting terms of records

§ 59.1-502.9. Mass-market license

§ 59.1-502.10. Terms of contract formed by conduct

§ 59.1-502.11. Repealed

§ 59.1-502.12. Efficacy and commercial reasonableness of attribution procedure

§ 59.1-502.13. Determining attribution

§ 59.1-502.14. Electronic error; consumer defenses

§ 59.1-502.15. Electronic message; when effective; effect of acknowledgment

§ 59.1-502.16. Idea or information submission

§ 59.1-502.17. Reserved

§ 59.1-503.1. Parol or extrinsic evidence

§ 59.1-503.2. Practical construction

§ 59.1-503.3. Modification and rescission

§ 59.1-503.4. Continuing contractual terms

§ 59.1-503.5. Terms to be specified

§ 59.1-503.6. Performance under open terms

§ 59.1-503.7. Interpretation and requirements for grant

§ 59.1-503.8. Repealed

§ 59.1-503.9. Agreement for performance to party's satisfaction

§ 59.1-503.10. Licenses to nonprofit libraries, archives or educational institutions

§ 59.1-503.11. Reserved

§ 59.1-504.1. Warranty and obligations concerning noninterference and noninfringement

§ 59.1-504.2. Express warranty

§ 59.1-504.3. Implied warranty; merchantability of computer program

§ 59.1-504.4. Implied warranty; informational content

§ 59.1-504.5. Implied warranty; licensee's purpose; system integration

§ 59.1-504.6. Disclaimer or modification of warranty

§ 59.1-504.7. Modification of computer program

§ 59.1-504.8. Cumulation and conflict of warranties

§ 59.1-504.9. Third-party beneficiaries of warranty

§ 59.1-504.10. No implied warranties for free software

§ 59.1-504.11. Reserved

§ 59.1-505.1. Ownership of informational rights

§ 59.1-505.2. Title to copy

§ 59.1-505.3. Transfer of contractual interest

§ 59.1-505.4. Effect of transfer of contractual interest

§ 59.1-505.5. Performance by delegate; subcontract

§ 59.1-505.6. Transfer by licensee

§ 59.1-505.7. Financing if financier does not become licensee

§ 59.1-505.8. Finance licenses

§ 59.1-505.9. Financing arrangements; obligations irrevocable

§ 59.1-505.10. Financing arrangements; remedies or enforcement

§ 59.1-505.11. Financing arrangements; effect on licensor's rights

§ 59.1-505.12. Reserved

§ 59.1-506.1. Performance of contract in general

§ 59.1-506.2. Licensor's obligations to enable use

§ 59.1-506.3. Submissions of information to satisfaction of party

§ 59.1-506.4. Immediately completed performance

§ 59.1-506.5. Electronic regulation of performance

§ 59.1-506.6. Copy; delivery; tender of delivery

§ 59.1-506.7. Copy; performance related to delivery; payment

§ 59.1-506.8. Copy; right to inspect; payment before inspection

§ 59.1-506.9. Copy; when acceptance occurs

§ 59.1-506.10. Copy; effect of acceptance; burden of establishing; notice of claims

§ 59.1-506.11. Access contracts

§ 59.1-506.12. Correction and support contracts

§ 59.1-506.13. Contracts involving publishers, dealers, and end users

§ 59.1-506.14. Risk of loss of copy

§ 59.1-506.15. Excuse by failure of presupposed conditions

§ 59.1-506.16. Termination; survival of obligations

§ 59.1-506.17. Notice of termination

§ 59.1-506.18. Termination; enforcement

§ 59.1-506.19. Reserved

§ 59.1-507.1. Breach of contract; material breach

§ 59.1-507.2. Waiver of remedy for breach of contract

§ 59.1-507.3. Cure of breach of contract

§ 59.1-507.4. Copy; refusal of defective tender

§ 59.1-507.5. Copy; contract with previous vested grant of rights

§ 59.1-507.6. Copy; duties upon rightful refusal

§ 59.1-507.7. Copy; revocation of acceptance

§ 59.1-507.8. Adequate assurance of performance

§ 59.1-507.9. Anticipatory repudiation

§ 59.1-507.10. Retraction of anticipatory repudiation

§ 59.1-507.11. Reserved

§ 59.1-508.1. Remedies in general

§ 59.1-508.2. Cancellation

§ 59.1-508.3. Contractual modification of remedy

§ 59.1-508.4. Liquidation of damages

§ 59.1-508.5. Limitation of actions

§ 59.1-508.6. Remedies for fraud

§ 59.1-508.7. Measurement of damages in general

§ 59.1-508.8. Licensor's damages

§ 59.1-508.9. Licensee's damages

§ 59.1-508.10. Recoupment

§ 59.1-508.11. Specific performance

§ 59.1-508.12. Completing performance

§ 59.1-508.13. Continuing use

§ 59.1-508.14. Discontinuing access

§ 59.1-508.15. Right to possession and to prevent use

§ 59.1-508.16. Limitations on electronic self-help

§ 59.1-508.17. Reserved

§ 59.1-509.1. Repealed

§ 59.1-509.2. Previous rights and transactions