§ 15-1022. Definitions.

As used in this act:

1.  “Defendant” means any individual, proprietor, firm, partnership, joint venturer, business trust, company, corporation, limited liability company, association, or any other group of persons acting in concert who conducts any activity which relies, at least in part, on a computer system, program, or software which may be affected by a computer date failure, but does not include any of the above entities who sell, manufacture, distribute or lease to or for others computer systems, programs, or software;

2.  “Action” means any action to recover damages resulting directly from a computer date failure, including an action based on a breach of contract for a computer date failure, a shareholder or derivative action based on a computer date failure, or an action based on an alleged failure to properly detect, disclose, prevent, report on, or remediate a computer date failure;

3.  “Computer date failure” means the inability of the computer system or computer program or software to accurately store, process, provide or receive data from, into and between the years 1999 and 2000, including leap year calculations, if all other technology used in combination with such system, program or software properly exchanges data with it;

4.  “Computer program or software” means a set of statements or instructions to be used directly or indirectly in a computer system in order to bring about a certain result; and

5.  “Computer system” means any electronic device or collection of devices, including support devices, networks and embedded chips, and excluding calculators that are not programmable, that contain computer programs or electronic instructions and that perform functions including logic, arithmetic, data processing, data storage and retrieval, communication or control.

Added by Laws 1999, c. 302, § 2, eff. July 1, 1999.