(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
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(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.