vorable costs and terms under which an OEM offers 
the part, tool, or documentation to an authorized re-
pair provider— 
(A) accounting for any discount, rebate, 
convenient 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 repair provider, or 
any additional cost, burden, or impediment the 
OEM imposes on an independent repair pro-
vider; 
(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 section 5(1)(a). 
(6) The term ‘‘firmware’’ means a software pro-
gram or set of instructions programmed on digital 
electronic equipment, or on a part for such equip-
ment, to allow the equipment or part to commu-
nicate within itself or with other computer hardware. 
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(7) 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 the OEM, which is engaged in the diag-
nosis, maintenance, or repair of digital electronic 
equipment, except that an OEM or, with respect to 
that OEM, a person who has such an arrangement 
with that OEM, or who is affiliated with a person 
who has such an arrangement with that OEM, shall 
be considered an independent repair provider for the 
purposes of those instances when such OEM or per-
son engages in the diagnosis, service, maintenance, 
or repair of digital equipment that is not manufac-
tured by or sold under the name of that OEM. 
(8) The term ‘‘medical device’’ 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)). 
(9) The term ‘‘original equipment manufac-
turer’’ or ‘‘OEM’’ means any person who, in the or-
dinary course of its business, is engaged in the busi-
ness of selling, leasing, or otherwise supplying new 
digital electronic equipment or parts of equipment 
manufactured by or on behalf of itself, to any indi-
vidual or business. 
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(10) The term ‘‘owner’’ means a person who 
owns or leases a digital electronic equipment. 
(11) The term ‘‘part’’ means any replacement 
parts, either new or used, made available by an 
OEM for purposes of effecting the services of main-
tenance or repair of digital electronic equipment 
manufactured by or on behalf of, sold or otherwise 
supplied by the OEM. 
(12) The term ‘‘tools’’ means any software pro-
gram, hardware implement, or other apparatus used 
for diagnosis, maintenance, or repair of digital elec-
tronic equipment, including software or other mecha-
nisms that provision, program, or pair a new part, 
calibrate functionality, or perform any other func-
tion required to bring the equipment back to fully 
functional condition. 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect 60 days after the date of 
enactment of this Act and shall apply with respect to 
equipment sold or in use on or after the effective date of 
this Act. 
Æ 
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