(a) A person that is a seller may not advertise or offer for sale a digital good using terminology that a reasonable person would understand to confer an unrestricted ownership interest in the digital good, unless, before executing the sale: (1) The seller receives an affirmative acknowledgment from the purchaser of the following: (i) That the purchaser is receiving a license to access a digital good; (ii) A complete list of restrictions and conditions of the license; and (iii) That access to the digital good may be unilaterally revoked by the seller if the purchaser no longer holds a right to the digital good; or (2) The seller provides to the purchaser a clear and conspicuous statement that: (i) States in plain language that the purchaser is buying a license for the digital good; and (ii) Includes a digital method to access the license details, terms, and conditions. (b) The affirmative acknowledgment required under subsection (a)(1) of this section shall be distinct and separate from any other statement that the purchaser acknowledges. (c) The clear and conspicuous statement required under subsection (a)(2) of this section shall be distinct and separate from any other statements, details, terms, or conditions. (d) This section does not: (1) Require a person to download a digital good; or (2) Prohibit a person from storing a digital good on a server that can be accessed through the Internet. (e) This section does not apply to a person who advertises or offers for sale: (1) A subscription-based service that provides access to a digital good only for the duration of the subscription; (2) Access to a digital good without the requirement for monetary consideration; or (3) A digital good for which the seller is unable to revoke access after completion of the sale, including a digital good that is, at the time of purchase, available for permanent offline download to an external storage source to be used without a connection to the Internet. (f) A violation of this section is: (1) An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and (2) Subject to the enforcement and penalty provisions contained in Title 13 of this article, except §§ 13-408 and 13-411 of this article.
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