reglab/housing_qa huggingface dataset:
VA Code § 59.1-506.10 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.10. Copy; effect of acceptance; burden of establishing; notice of claims

(a) A party accepting a copy shall pay or render the consideration required by the agreement for the copy it accepts. Acceptance of a copy precludes refusal and, if made with knowledge of a nonconformity in a tender, may not be revoked because of the nonconformity unless acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance by itself does not impair any other remedy for nonconformity.(b) A party accepting a copy has the burden of establishing a breach of contract with respect to the copy.(c) If a copy has been accepted, the accepting party shall:(1) except with respect to claims of a type described in § 59.1-508.5 (d) (1), within a reasonable time after it discovers or should have discovered a breach of contract, notify the other party of the breach or be barred from any remedy for the breach; and(2) if the claim is for breach of a warranty regarding noninfringement and the accepting party is sued by a third party because of the breach, notify the warrantor within a reasonable time after receiving notice of the litigation or be precluded from any remedy for the liability established by the litigation.2000, cc. 101, 996.
VA Code § 59.1-506.11 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.11. Access contracts

(a) If an access contract provides for access over a period of time, the following rules apply:(1) The licensee's rights of access are to the information as modified and made commercially available by the licensor from time to time during that period.(2) A change in the content of the information is a breach of contract only if the change conflicts with an express term of the agreement.(3) Unless it is subject to a contractual use term, information obtained by the licensee is free of any use restriction other than a restriction resulting from the informational rights of another person or other law.(4) Access must be available:(A) at times and in a manner conforming to the express terms of the agreement; and(B) to the extent not expressly stated in the agreement, at times and in a manner reasonable for the particular type of contract in light of the ordinary standards of the business, trade, or industry.(b) In an access contract that gives the licensee a right of access at times substantially of its own choosing during agreed periods, an occasional failure to have access available during those times is not a breach of contract if it is:(1) consistent with ordinary standards of the business, trade, or industry for the particular type of contract; or(2) caused by:(A) scheduled downtime;(B) reasonable needs for maintenance;(C) reasonable periods of failure of equipment, computer programs, or communications; or(D) events reasonably beyond the licensor's control, and the licensor exercises such commercially reasonable efforts as the circumstances require.2000, cc. 101, 996.
VA Code § 59.1-506.12 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.12. Correction and support contracts

(a) If a person agrees to provide services regarding the correction of performance problems in computer information, other than an agreement to cure its own existing breach of contract, the following rules apply:(1) If the services are provided by a licensor of the information as part of a limited remedy, the licensor undertakes that its performance will provide the licensee with information that conforms to the agreement to which the limited remedy applies.(2) In all other cases, the person:(A) shall perform at a time and place and in a manner consistent with the express terms of the agreement and, to the extent not stated in the express terms, at a time and place and in a manner that is reasonable in light of ordinary standards of the business, trade, or industry; and(B) does not undertake that its services will correct performance problems unless the agreement expressly so provides.(b) Unless required to do so by an express or implied warranty, a licensor is not required to provide instruction or other support for the licensee's use of information or access. A person that agrees to provide support shall make the support available in a manner and with a quality consistent with express terms of the support agreement and, to the extent not stated in the express terms, at a time and place and in a manner that is reasonable in light of ordinary standards of the business, trade, or industry.2000, cc. 101, 996.
VA Code § 59.1-506.13 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.13. Contracts involving publishers, dealers, and end users

(a) In this section:(1) "Dealer" means a merchant licensee that receives information directly or indirectly from a licensor for sale or license to end users.(2) "End user" means a licensee that acquires a copy of the information from a dealer by delivery on a tangible medium for the licensee's own use and not for sale, license, transmission to third persons, or public display or performance for a fee.(3) "Publisher" means a licensor, other than a dealer, that offers a license to an end user with respect to information distributed by a dealer to the end user.(b) In a contract between a dealer and an end user, if the end user's right to use the information or informational rights is subject to a license by the publisher and there was no opportunity to review the license before the end user became obligated to pay the dealer, the following rules apply:(1) The contract between the end user and the dealer is conditioned on the end user's agreement to the publisher's license.(2) If the end user does not agree, such as by manifesting assent, to the terms of the publisher's license, the end user has a right to a return from the 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 and end user adopt those terms as part of the agreement.(c) If an agreement provides for distribution of copies on a tangible medium or in packaging provided by the publisher or an authorized third party, a dealer 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 the dealer to be furnished to end users.(d) A dealer that enters into an agreement with an end user is a licensor with respect to the end user under this chapter.2000, cc. 101, 996.
VA Code § 59.1-506.14 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.14. Risk of loss of copy

(a) Except as otherwise provided in this section, the risk of loss as to a copy that is to be delivered to a licensee, including a copy delivered by electronic 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 a tangible medium by carrier, the following rules apply:(1) If the agreement does not require the licensor to deliver the copy at a particular destination, the risk of loss passes to the licensee when the copy is duly delivered to the carrier, even if the shipment is under reservation.(2) If the agreement requires the licensor to deliver the copy at a particular destination and the copy is duly tendered there in the possession of the carrier, the risk of loss passes to the licensee when the copy is tendered at that destination.(3) If a tender of delivery of a copy or a shipping document fails to conform to the contract, the risk of loss remains with the licensor until cure or acceptance.(c) If a copy is held by a third party to be delivered or reproduced without being moved or a copy is to be delivered by making access available to a third party resource containing a copy, the risk of loss passes to the licensee upon:(1) the licensee's receipt of a negotiable document of title or other access materials covering the copy;(2) acknowledgment by the third party to the licensee of the licensee's right to possession of or access to the copy; or(3) the licensee's receipt of a record directing the third party, pursuant to an agreement between the licensor and the third party, to make delivery or authorizing the third party to allow access.2000, cc. 101, 996.
VA Code § 59.1-506.15 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.15. Excuse by failure of presupposed conditions

(a) Unless a party has assumed a different obligation, delay in performance by a party, or nonperformance in whole or part by a party, other than of an obligation to make payments or to conform to contractual use terms, is not a breach of contract if the delay or nonperformance is of a performance that has been made impracticable by:(1) the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made; or(2) compliance in good faith with any foreign or domestic statute, governmental rule, regulation, or order, whether or not it later proves to be invalid.(b) A party claiming excuse under subsection (a) shall seasonably notify the other party that there will be delay or nonperformance.(c) If an excuse affects only a part of a party's capacity to perform an obligation for delivery of copies, the party claiming excuse shall allocate performance among its customers in any manner that is fair and reasonable and notify the other party of the estimated quota to be made available. In making the allocation, the party claiming excuse may include the requirements of regular customers not then under contract and its own requirements.(d) A party that receives notice pursuant to subsection (b) of a material or indefinite delay in delivery of copies or of an allocation under subsection (c), by notice in a record, may:(1) terminate and thereby discharge any executory portion of the contract; or(2) modify the contract by agreeing to take the available allocation in substitution.(e) If, after receipt of notice under subsection (b), a party does not modify the contract within a reasonable time not exceeding thirty days, the contract lapses with respect to any performance affected.2000, cc. 101, 996.
VA Code § 59.1-506.16 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.16. Termination; survival of obligations

(a) Except as otherwise provided in subsection (b), on termination all obligations that are still executory on both sides are discharged.(b) The following survive termination:(1) a right based on previous breach or performance of the contract;(2) an obligation of confidentiality, nondisclosure, or noncompetition to the extent enforceable under other law;(3) a contractual use term applicable to any licensed copy or information received from the other party, or copies made of it, which are not returned or returnable to the other party;(4) an obligation to deliver, or dispose of information, materials, documentation, copies, records, or the like to the other party, an obligation to destroy copies, or a right to obtain information from an escrow agent;(5) a choice of law or forum;(6) an obligation to arbitrate or otherwise resolve disputes by alternative dispute resolution procedures;(7) a term limiting the time for commencing an action or for giving notice;(8) an indemnity term or a right related to a claim of a type described in § 59.1-508.5 (d) (1);(9) a limitation of remedy or modification or disclaimer of warranty;(10) an obligation to provide an accounting and make any payment due under the accounting; and(11) any term that the agreement provides will survive.2000, cc. 101, 996.
VA Code § 59.1-506.17 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.17. Notice of termination

(a) Except as otherwise provided in subsection (b), a party may not terminate a contract except on the happening of an agreed event, such as the expiration of the stated duration, unless the party gives reasonable notice of termination to the other party.(b) An access contract may be terminated without giving notice. However, except on the happening of an agreed event, termination requires giving reasonable notice to the licensee if the access contract pertains to information owned and provided by the licensee to the licensor.(c) A term dispensing with a notice required under this section is invalid if its operation would be unconscionable. However, a term specifying standards for giving notice is enforceable if the standards are not manifestly unreasonable.2000, cc. 101, 996.
VA Code § 59.1-506.18 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.18. Termination; enforcement

(a) On termination of a license, a party in possession or control of information, copies, or other materials that are the property of the other party, or are subject to a contractual obligation to be delivered to that party on termination, shall use commercially reasonable efforts to deliver or hold them for disposal on instructions of that party. If any materials are jointly owned, the party in possession or control shall make them available to the joint owners.(b) Termination of a license ends all rights under the license for the licensee to use or access the licensed information, informational rights, or copies. Continued use of the licensed copies or exercise of terminated rights is a breach of contract unless authorized by a term that survives termination.(c) Each party may enforce its rights under subsections (a) and (b) by acting pursuant to § 59.1-506.5 or by judicial process, including obtaining an order that the party or an officer of the court take the following actions with respect to any licensed information, documentation, copies, or other materials to be delivered:(1) deliver or take possession of them;(2) without removal, render unusable or eliminate the capability to exercise contractual rights in or use of them;(3) destroy or prevent access to them; and(4) require that the party or any other person in possession or control of them make them available to the other party at a place designated by that party which is reasonably convenient to both parties.(d) In an appropriate case, a court of competent jurisdiction may grant injunctive relief to enforce the parties' rights under this section.2000, cc. 101, 996.
VA Code § 59.1-506.19 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-506.19. Reserved

Reserved.
VA Code § 59.1-507.1 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.1. Breach of contract; material breach

(a) Whether a party is in breach of contract is determined by the agreement or, in the absence of agreement, this chapter. A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this chapter or the agreement. A breach, whether or not material, entitles the aggrieved party to its remedies. Whether a breach of a contractual use term is an infringement or a misappropriation is determined by applicable informational property rights law.(b) A breach of contract is material if:(1) the contract so provides;(2) the breach is a substantial failure to perform a term that is an essential element of the agreement; or(3) the circumstances, including the language of the agreement, the reasonable expectations of the parties, the standards and practices of the business, trade, or industry, and the character of the breach, indicate that:(A) the breach caused or is likely to cause substantial harm to the aggrieved party; or(B) the breach substantially deprived or is likely substantially to deprive the aggrieved party of a significant benefit it reasonably expected under the contract.(c) The cumulative effect of nonmaterial breaches may be material.2000, cc. 101, 996.
VA Code § 59.1-507.2 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.2. Waiver of remedy for breach of contract

(a) A claim or right arising out of a breach of contract may be discharged in whole or part without consideration by a waiver in a record to which the party making the waiver agrees after breach, such as by manifesting assent, or which the party making the waiver authenticates and delivers to the other party.(b) A party that accepts a performance with knowledge that the performance constitutes a breach of contract and, within a reasonable time after acceptance, does not notify the other party of the breach waives all remedies for the breach, unless acceptance was made on the reasonable assumption that the breach would be cured and it has not been seasonably cured. However, a party that seasonably notifies the other party of a reservation of rights does not waive the rights reserved.(c) A party that refuses a performance and fails to identify a particular defect that is ascertainable by reasonable inspection waives the right to rely on that defect to justify refusal only if:(1) the other party could have cured the defect if it were identified seasonably; or(2) between merchants, the other party after refusal made a request in a record for a full and final statement of all defects on which the refusing party relied.(d) Waiver of a remedy for breach of contract in one performance does not waive any remedy for the same or a similar breach in future performances unless the party making the waiver expressly so states.(e) A waiver may not be retracted as to the performance to which the waiver applies.(f) Except for a waiver in accordance with subsection (a) or a waiver supported by consideration, a waiver affecting an executory portion of a contract may be retracted by seasonable notice received by the other party that strict performance will be required in the future, unless the retraction would be unjust in view of a material change of position in reliance on the waiver by that party.2000, cc. 101, 996.
VA Code § 59.1-507.3 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.3. Cure of breach of contract

(a) A party in breach of contract may cure the breach at its own expense if:(1) the time for performance has not expired and the party in breach seasonably notifies the aggrieved party of its intent to cure and, within the time for performance, makes a conforming performance;(2) the party in breach had reasonable grounds to believe the performance would be acceptable with or without monetary allowance, seasonably notifies the aggrieved party of its intent to cure, and provides a conforming performance within a further reasonable time after performance was due; or(3) in a case not governed by paragraph (1) or (2), the party in breach seasonably notifies the aggrieved party of its intent to cure and promptly provides a conforming performance before cancellation by the aggrieved party.(b) In a license other than in a mass-market transaction, if the agreement required a single delivery of a copy and the party receiving tender of delivery was required to accept a nonconforming copy because the nonconformity was not a material breach of contract, the party in breach shall promptly and in good faith make an effort to cure if:(1) the party in breach receives seasonable notice of the specific nonconformity and a demand for cure of it; and(2) the cost of the effort to cure does not disproportionately exceed the direct damages caused by the nonconformity to the aggrieved party.(c) A party may not cancel a contract or refuse a performance because of a breach of contract that has been seasonably cured under subsection (a). However, notice of intent to cure does not preclude refusal or cancellation for the uncured breach.2000, cc. 101, 996.
VA Code § 59.1-507.4 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.4. Copy; refusal of defective tender

(a) Subject to subsection (b) and § 59.1-507.5, tender of a copy that is a material breach of contract permits the party to which tender is made to:(1) refuse the tender;(2) accept the tender; or(3) accept any commercially reasonable units and refuse the rest.(b) In a mass-market transaction that calls for only a single tender of a copy, a licensee may refuse the tender if the tender does not conform to the contract.(c) Refusal of a tender is ineffective unless:(1) it is made before acceptance;(2) it is made within a reasonable time after tender or completion of any permitted effort to cure; and(3) the refusing party seasonably notifies the tendering party of the refusal.(d) Except in a case governed by subsection (b), a party that rightfully refuses tender of a copy may cancel the contract only if the tender was a material breach of the whole contract or the agreement so provides.2000, cc. 101, 996.
VA Code § 59.1-507.5 (2021)
2021 Code of Virginia|Title 59.1 - Trade and Commerce|Chapter 43 - Uniform Computer Information Transactions Act|§ 59.1-507.5. Copy; contract with previous vested grant of rights

If an agreement grants a right in or permission to use informational rights which precedes or is otherwise independent of the delivery of a copy, the following rules apply:(1) A party may refuse a tender of a copy which is a material breach as to that copy, but refusal of that tender does not cancel the contract.(2) In a case governed by paragraph (1), the tendering party may cure the breach by seasonably providing a conforming copy before the breach becomes material as to the whole contract.(3) A breach that is material with respect to a copy allows cancellation of the contract only if the breach cannot be seasonably cured and is a material breach of the whole contract.2000, cc. 101, 996.