tributor, importer, or dealer of an off-road or non- 
road vehicle, acting in that capacity, including with-
out limitation, aircraft, motorcycles, marine vessels, 
all terrain sports vehicles, utility terrain vehicles, 
recreational vehicles, and racing vehicles. 
(7) NON-APPLICATION TO MANUFACTURERS OF 
SAFETY COMMUNICATIONS EQUIPMENT.—Nothing in 
this Act shall apply to any manufacturer of safety 
communications equipment, the intended use of 
which is for emergency response or prevention pur-
poses by an emergency services organization, such as 
police, fire, or medical and emergency rescue services 
agencies, acting in that capacity. 
SEC. 5. LIMITATION OF LIABILITY. 
(a) DAMAGE RESULTING FROM REPAIR.—No origi-
nal equipment manufacturer or authorized repair provider 
shall be liable for any damage or injury to any digital elec-
tronic equipment, person, or property that occurs as a re-
sult of repair, diagnosis, maintenance, or modification per-
formed by an independent repair provider or owner, or any 
other use by an independent repair provider or owner of 
parts, tools, or documentation provided by an original 
equipment manufacturer, including with respect to any— 
(1) indirect, incidental, special, or consequential 
damages; 
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(2) loss of data, privacy, or profits; or 
(3) inability to use, or reduced functionality of, 
the digital electronic equipment. 
(b) NO WARRANTY FOR INDEPENDENT REPAIR PRO-
VIDERS OR OWNERS.—An original equipment manufac-
turer shall not be required to warrant any repairs provided 
by independent repair providers or owners. 
(c) IMPROPER USE OF PERSONAL DATA.—No origi-
nal equipment manufacturer shall be liable for improper 
use of personal data or any data privacy or security breach 
in connection with repair, diagnosis, maintenance, or 
modification performed by an independent repair provider 
or owner. 
SEC. 6. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) AUTHORIZED REPAIR PROVIDER.— 
(A) IN GENERAL.—The term ‘‘authorized 
repair provider’’ means with respect to an 
OEM, a person that— 
(i) has an arrangement with the OEM 
in which the OEM grants to the person li-
cense to use a trade name, service mark, 
or other proprietary identifier for the pur-
poses of offering the services of diagnosis, 
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maintenance, or repair of digital electronic 
equipment under the name of the OEM; or 
(ii) otherwise has an arrangement 
with the OEM to offer such services on be-
half of or under contract with the OEM. 
(B) CLARIFICATION.—An OEM that offers 
the services of diagnosis, maintenance, or repair 
of digital electronic equipment manufactured by 
it or on its behalf, or sold or otherwise supplied 
by the OEM, shall be considered an authorized 
repair provider with respect to such equipment. 
(2) DIGITAL
ELECTRONIC
EQUIPMENT.—The 
term ‘‘digital electronic equipment’’ means any prod-
uct that depends for its functioning, in whole or in 
part, on digital electronics embedded in or attached 
to the product. 
(3) DOCUMENTATION.—The term ‘‘documenta-
tion’’ means any manuals, diagrams, reporting out-
put, service code descriptions, schematic, security 
code or password, or other information used in ef-
fecting the services of diagnosis, maintenance, or re-
pair of digital electronic equipment. 
(4) FAIR AND REASONABLE TERMS.—The term 
‘‘fair and reasonable terms’’, with respect to a part, 
tool, or documentation, means at costs and terms 
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that are equivalent to the most favorable costs and 
terms under which an OEM offers the part, tool, or 
documentation to an authorized repair provider— 
(A) accounting for any discount, rebate, 
convenient and timely means of delivery, means 
of 
enabling 
fully 
restored 
and 
updated 
functionality, rights of use, or other incentive or 
preference the OEM offers to an authorized re-
pair provider, and for any additional cost, bur-
den, or impediment the OEM imposes on an 
owner or independent repair provider; 
(B) not conditioned on or imposing a sub-
stantial obligation or restriction that is not rea-
sonably necessary for enabling the owner or 
independent repair provider to engage in the di-
agnosis, maintenance, or repair of digital elec-
tronic equipment made by or on behalf of the 
OEM; and 
(C) not conditioned on an arrangement de-
scribed in paragraph (1)(A). 
(5) INDEPENDENT REPAIR PROVIDER.— 
(A) IN GENERAL.—The term ‘‘independent 
repair provider’’ means with respect to an 
OEM, a person that is not affiliated with the 
OEM or with an authorized repair provider of 
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the OEM, when such person is engaged in the 
diagnosis, maintenance, or repair of digital elec-
tronic equipment manufactured by or on behalf 
of, sold, or otherwise supplied by the OEM. 
(B) CLARIFICATION.—An OEM or, with 
respect to that OEM, a person who has an ar-
rangement described in paragraph (1)(A) with 
that OEM, or who is affiliated with a person 
who has such an arrangement with that OEM, 
shall be considered an independent repair pro-
vider for the purposes of those instances when 
such OEM or person engages in the diagnosis, 
service, maintenance, or repair of digital equip-
ment that is not manufactured by or on behalf 
of, sold, or otherwise supplied by that OEM. 
(6) MEDICAL DEVICE.—The term ‘‘medical de-
vice’’ has the meaning given the term ‘‘device’’ 
under section 201(h) of the Federal Food, Drug and 
Cosmetic Act (21 U.S.C. 321(h)). 
(7) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ means a vehicle that is designed for trans-
porting persons or property on a street or highway 
and is certified by the manufacturer under all appli-
cable Federal safety and emissions standards and re-
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quirements for distribution and sale in the United 
States. 
(8) MOTOR
VEHICLE
DEALER.—The term 
‘‘motor vehicle dealer’’ means a person who— 
(A) is engaged in the business of selling or 
leasing new motor vehicles to another person 
pursuant to a franchise agreement; 
(B) has obtained a license to engage in 
such business under the applicable State law; 
and 
(C) is engaged in the services of diagnosis, 
maintenance, or repair of motor vehicles or 
motor vehicle engines pursuant to such fran-
chise agreement. 
(9) MOTOR
VEHICLE
MANUFACTURER.—The 
term ‘‘motor vehicle manufacturer’’ means a person 
engaged in the business of manufacturing or assem-
bling new motor vehicles. 
(10) ORIGINAL
EQUIPMENT
MANUFACTURER; 
OEM.—The term ‘‘original equipment manufacturer’’ 
or ‘‘OEM’’ means a person who is engaged in the 
business of selling, leasing, or otherwise supplying 
new digital electronic equipment or parts of equip-
ment manufactured by or on behalf of itself, to any 
person. 
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(11) OWNER.—The term ‘‘owner’’ means a per-
son who owns or leases digital electronic equipment. 
(12) PART.—The term ‘‘part’’ means any re-
placement part, either new or used, made available 
by or to an OEM for purposes of effecting the serv-
ices of maintenance or repair of digital electronic 
equipment manufactured by or on behalf of, sold, or 
otherwise supplied by the OEM. 
(13) PARTS PAIRING.—The term ‘‘parts pair-
ing’’ means, with respect to a part, the practice of 
employing software to identify component parts 
through the use of a unique identifier. 
(14) TOOL.—The term ‘‘tool’’ means any soft-
ware program, hardware implement, or other appa-
ratus used for diagnosis, maintenance, or repair of 
digital electronic equipment, including software or 
other mechanisms that provision, program, or pair a 
part, calibrate functionality, or perform any other 
function required to bring the equipment back to 
fully functional condition. 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect 60 days after the date of 
enactment of this Act and shall apply with respect to 
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equipment sold or in use on or after the effective date of 
this Act. 
Æ 
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