Maryland Commercial Law Section 22-704

      (a)      Subject to subsection (b) of this section and § 22-705 of this subtitle, 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) of this section, 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.