On breach of contract by a licensor, the following rules apply:
(1) A licensee that has not canceled the contract may continue to use the information and informational rights under the contract. If the licensee continues to use the information or informational rights, the licensee is bound by all terms of the contract, including contractual use terms, obligations not to compete, and obligations to pay contract fees.
(2) The licensee may pursue any remedy for breach which has not been waived.
(3) The licensor’s rights remain in effect but are subject to the licensee’s remedy for breach, including any right of recoupment or setoff.
Structure Maryland Statutes
Title 22 - Maryland Uniform Computer Information Transactions Act
Subtitle 8 - Remedies; General; Damages; Remedies Related to Performance
Section 22-801 - Remedies in General
Section 22-803 - Contractual Modification of Remedy
Section 22-804 - Liquidation of Damages
Section 22-805 - Limitation of Actions
Section 22-806 - Remedies for Fraud
Section 22-807 - Measurement of Damages in General
Section 22-808 - Licensor's Damages
Section 22-809 - Licensee's Damages
Section 22-811 - Specific Performance
Section 22-812 - Completing Performance
Section 22-813 - Continuing Use
Section 22-814 - Discontinuing Access