SECTION 2B-407. MODIFICATION OF COMPUTER PROGRAM. Modification of a computer program by a licensee which was not made using a capability of the program intended for that purpose in the ordinary course of operation of the program, invalidates any warranties, express or implied, regarding the performance of the modified copy of the program, but not the unmodified copy. A modification occurs if a licensee alters code in, deletes code from, or adds code to the computer program.

Uniform Law Source: None

"Computer program". Section 2B-102. "Copy". Section 2B-102. "Licensee". Section 2B-102.

1. Scope. This method of losing warranty protection applies only to warranties related to the performance or results of the software. It does not apply to title and non-infringement warranties. More importantly, the voiding of performance warranties extends only to the modified copy. If the defect existed in an unmodified copy, the modifications have no effect.

2. Policy. The basis for the provision lies in the fact that because of the complexity of software systems changes may cause unanticipated and uncertain results. The complexity of the software enterprise means that it will often not be possible to prove to what extent a change in one aspect of a program altered its performance as to other aspects.

3. Application. The section follows common practice. It voids the warranties whether the modification is authorized or not unless the contract, or an agreement, indicates that modification does not alter performance warranties. The section covers cases where the licensee makes changes in the program that are not part of the program options. Thus, if a user employs the built-in capacity of a word processing program to tailor a menu of options suited to the end user's use, this section does not apply. If, on the other hand, the end user modifies code in a way not made available in the program options, that modification voids all performance warranties as to the altered copy.