(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.