1. (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. (1) Refuse the tender;
   2. (2) Accept the tender; or
   3. (3) Accept any commercially reasonable units and refuse the rest.
2. (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.

3. (c) Refusal of a tender is ineffective unless:

   1. (1) It is made before acceptance;
   2. (2) It is made within a reasonable time after tender or completion of any permitted effort to cure; and
   3. (3) The refusing party seasonably notifies the tendering party of the refusal.
4. (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.

Added by Acts 2000, c. 11, § 1, eff. Oct. 1, 2000. Amended by Acts 2000, c. 61, § 6, eff. April 25, 2000.