Maryland Commercial Law Section 22-611

      (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.