practices that also violate this Act, the attorney gen-
eral may assert the State law claim and a claim 
under this Act in the same civil action. 
SEC. 4. RULES OF CONSTRUCTION, LIMITATIONS, AND NON- 
APPLICATION. 
The following rules of construction, limitations, and 
non-application provisions apply to this Act: 
(1) SECURITY-RELATED
FUNCTIONS
NOT
EX-
CLUDED.—For digital electronic equipment that con-
tains an electronic security lock or other security-re-
lated function, the original equipment manufacturer 
shall make available to the owner and to inde-
pendent repair providers, on fair and reasonable 
terms, any special documentation, tools, and parts 
needed to disable the lock or function, and to reset 
it when disabled in the course of diagnosis, mainte-
nance, or repair of the equipment. 
(2) PROTECTION OF TRADE SECRETS.—Nothing 
in this Act shall be construed to require an original 
equipment manufacturer to divulge a trade secret, as 
defined in section 1839 of title 18, United States 
Code, to an owner or an independent repair provider 
except as necessary to provide documentation, parts, 
and tools on fair and reasonable terms. 
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(3) TERMS OF AGREEMENT WITH AUTHORIZED 
REPAIR PROVIDERS.—No provision in this Act shall 
be construed to abrogate, interfere with, contradict, 
or alter the terms of any arrangement described in 
section 5(1)(A), including the performance or provi-
sion of warranty or recall repair work by an author-
ized repair provider on behalf of an original equip-
ment manufacturer pursuant to such arrangement, 
except that any provision in such terms that pur-
ports to waive, avoid, restrict, or limit an OEM’s ob-
ligations to comply with this Act shall be void and 
unenforceable. 
(4) NON-APPLICATION TO MOTOR VEHICLE OR 
MOTOR
VEHICLE
EQUIPMENT
MANUFACTURERS.— 
Nothing in this Act shall apply to a motor vehicle 
manufacturer, a manufacturer of motor vehicle 
equipment, or a motor vehicle dealer, acting in that 
capacity. 
(5) NON-APPLICATION TO MANUFACTURERS OF 
MEDICAL DEVICES.—Nothing in this Act shall apply 
to a manufacturer of a medical device, acting in that 
capacity. 
SEC. 5. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) AUTHORIZED REPAIR PROVIDER.— 
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(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, 
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. 
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(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 
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, or any additional cost, burden, 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-
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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 
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. 
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(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.— 
(A) IN GENERAL.—The term ‘‘motor vehi-
cle’’ means a vehicle that is designed for trans-
porting persons or property on a street or high-
way and is certified by the manufacturer under 
all applicable Federal safety and emissions 
standards and requirements for distribution and 
sale in the United States. 
(B) EXCLUSIONS.—The term ‘‘motor vehi-
cle’’ does not include— 
(i) a motorcycle; or 
(ii) a recreational vehicle or an auto 
home equipped for habitation. 
(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 
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