(4) EMBEDDED
SOFTWARE.—The term ‘‘em-
bedded software’’— 
(A) means any programmable software in-
struction delivered with or loaded onto equip-
ment, or a part of such equipment, to allow the 
equipment or part to operate or communicate 
with other computer hardware; and 
(B) includes any relevant patch and fix 
that the manufacturer makes for purposes of 
diagnosis, maintenance, or repair of equipment. 
(5) FAIR AND REASONABLE TERMS.—The term 
‘‘fair and reasonable terms’’, with respect to the pro-
vision of a any documentation, part, embedded soft-
ware, firmware, or other tool, means at costs and 
terms that are equivalent to the most favorable costs 
and terms under which an original equipment manu-
facturer offers the documentation, part, software, 
firmware, or tool to an authorized repair 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 
original equipment manufacturer offers to an 
authorized repair provider, or any additional 
cost, burden, or impediment the original equip-
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ment manufacturer imposes on an independent 
repair provider; 
(B) not conditioned on or imposing a sub-
stantial obligation or restriction that is not rea-
sonably necessary for enabling the independent 
repair provider or owner to engage in the diag-
nosis, maintenance, or repair of the device 
made by or on behalf of the original equipment 
manufacturer; and 
(C) not conditioned on an arrangement de-
scribed in paragraph (1)(A). 
(6) FIRMWARE.—The term ‘‘firmware’’ means a 
software program or set of instructions programmed 
on a powered mobility assistance device, or on a part 
for such device, that allows the device or part to 
communicate within the device or part or with other 
device hardware. 
(7) INDEPENDENT
REPAIR
PROVIDER.—The 
term ‘‘independent repair provider’’ means a person 
that operates in a State, that does not have an ar-
rangement described in paragraph (1)(A) with an 
original equipment manufacturer, and who is en-
gaged in the services of diagnosis, maintenance, or 
repair of a powered mobility assistance device. 
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(8) ORIGINAL EQUIPMENT MANUFACTURER.— 
The term ‘‘original equipment manufacturer’’ means 
a person engaged in the business of selling, leasing, 
or otherwise supplying new powered mobility assist-
ance devices manufactured by or on behalf of itself, 
to any individual or other person. 
(9) OWNER.—The term ‘‘owner’’ means a per-
son who owns or leases powered mobility assistance 
device purchased or used in the United States. 
(10) PART.—The term ‘‘part’’ means any re-
placement part, new or used, generally available or 
used by an original equipment manufacturer or an 
authorized repair provider of the manufacturer for 
providing maintenance or repair of a powered mobil-
ity assistance device manufactured by or on behalf 
of, sold, or otherwise supplied by the original equip-
ment manufacturer. 
(11) POWERED
MOBILITY
ASSISTANCE
DE-
VICE.—The term ‘‘powered mobility assistance de-
vice’’ means— 
(A) a motorized wheeled device designed 
for use by an individual with a physical dis-
ability; and 
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(B) a wearable robotic device designed to 
augment and enhance the physical ability of an 
individual to walk. 
(12) TOOL.—The term ‘‘tool’’ means any soft-
ware program, hardware implement, or other appa-
ratus used for diagnosis, maintenance, or repair of 
a powered mobility assistance device, including soft-
ware or other mechanism that provisions, programs, 
or pairs a new part, calibrates functionality, or per-
forms any other function required to bring the prod-
uct back to fully functional condition, including any 
update. 
(13) TRADE SECRET.—The term ‘‘trade secret’’ 
has the meaning given that term in section 1839 of 
title 18, United States Code. 
Æ 
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