12-741

12-741. Definitions

In this article, unless the context otherwise requires:

1. "Buyer" means a person who leases, licenses or purchases any product, equipment or service.

2. "Computer" has the same meaning prescribed in section 13-2301, subsection E.

3. "Computer program" has the same meaning prescribed in section 13-2301, subsection E.

4. "Computer software" has the same meaning prescribed in section 13-2301, subsection E.

5. "Computer system" has the same meaning prescribed in section 13-2301, subsection E.

6. "Equipment" means any item that contains a product and that is used to produce or deliver a product or service.

7. "Network" has the same meaning prescribed in section 13-2301, subsection E.

8. "Product" means any item that is:

(a) Directly or indirectly manufactured, created or delivered by or that operates through the use of embedded chips or through the manipulation of electronic or magnetic impulses, including any computer, network, computer program, computer software or computer system or any constituent component, any item that contains an integrated circuit or any other electronics component.

(b) Directly or indirectly manufactured, created or delivered by or that operates through the use of an integrated circuit or electronic component.

9. "Remedial measures" means an action that is taken to improve the efficacy of any product, equipment or service in order to lessen the likelihood or consequences of a year 2000 date failure. These actions may include:

(a) Modifications to the product, equipment or service.

(b) Changes in quality assurance procedures or policies.

(c) Modifications that are made to the design or method of manufacturing, to manufacturing equipment or to the testing of the product, equipment or service.

(d) Changes in or additions to training programs or safety education programs.

(e) Personnel or human resources measures that are related to the product, equipment or service.

(f) The use or modification of warnings or notices or changes to owner manuals and related materials.

(g) The recall of products.

(h) The creation of a plan or instructions to be implemented in the event of or to avoid a year 2000 date failure.

(i) Alternative services that are offered in connection with a service to provide the buyer with the intended result of the service.

10. "Service" means any effort, function, labor, delivery, processing or time that directly or indirectly involves the use of a product.

11. "Year 2000 compliance analysis or review" means any evaluation, investigation, inquiry, review or other means by which a person seeks to compute, determine, estimate, evaluate, predict or report the performance of any product, equipment or service and that may be conducted by employees or agents of the person, by a year 2000 consultant or by a government agency or instrumentality.

12. "Year 2000 date failure" means either:

(a) The present or future failure or inability of a product or any product or equipment that uses a product to accurately accept, compute, compare, distinguish, generate, interpret, produce, recognize, sequence or otherwise process, store or display correctly date and time data in, from, into and between the years 1999 and 2000 and subsequent years, the twentieth and twenty-first centuries and leap year computations.

(b) The present or future failure or inability of a service that uses a product or equipment that fails or is not able to accurately accept, compute, compare, distinguish, generate, interpret, produce, recognize, sequence or otherwise process, store or display date and time data in, from, into and between the years 1999 and 2000 and subsequent years, the twentieth and twenty-first centuries and leap year computations.