59.1-504.3 - Implied warranty; merchantability of computer program.
§ 59.1-504.3. Implied warranty; merchantability of computer program.
(a) Unless the warranty is disclaimed or modified, a licensor that is amerchant with respect to computer programs of the kind warrants:
(1) to the end user that the computer program is fit for the ordinarypurposes for which such computer programs are used;
(2) to the distributor that:
(A) the program is adequately packaged and labeled as the agreement requires;and
(B) in the case of multiple copies, the copies are within the variationspermitted by the agreement, of even kind, quality, and quantity within eachunit and among all units involved; and
(3) that the program conforms to any promises or affirmations of fact made onthe container or label.
(b) Unless disclaimed or modified, other implied warranties with respect tocomputer programs may arise from course of dealing or usage of trade.
(c) No warranty is created under this section with respect to informationalcontent, but an implied warranty may arise under § 59.1-504.4.
(2000, cc. 101, 996.)