Data bases

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    (a)    The Division may arrange for data bases derived from publications issued by the Division to be made available to the public for direct online searching by contracting with third–party or value–added resellers.

    (b)    Notwithstanding any other provision of law, the Division shall make available to the public, at no cost, direct online searching of:

        (1)    the Code of Maryland Regulations (COMAR);

        (2)    the Maryland Register; and

        (3)    any other material the Division determines to be in the public interest.

    (c)    The receipt of any material made available to the public under the terms of subsection (b) of this section shall be preceded by a legend stating that:

    “The information you are about to receive is made available for personal use only. By proceeding beyond this point you agree that you will not use the information for any prohibited commercial purpose, as defined in § 7–206.2(e) of the State Government Article, including, by way of example and not in limitation, the downloading of this information for resale in any other electronic or printed form.”.

    (d)    The legend referenced in subsection (c) of this section shall be presented to the recipient in a manner that affords the recipient an opportunity to refuse to access the material.

    (e)    (1)    In this subsection, “prohibited commercial purpose” includes any use that involves the resale or other compensated transfer of information made available under subsection (b) of this section.

        (2)    “Prohibited commercial purpose” does not include the incorporation of portions of information made available under subsection (b) of this section into documents commenting upon or advising persons of the legal effect of that information, even though the person incorporating the information may be compensated for the comments or advice.

        (3)    Data or material obtained under subsection (b) of this section may not be used for any prohibited commercial purpose.

    (f)    A person who violates subsection (e) of this section is subject to a fine not exceeding $1,000 for each violation.


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