(a) In this subtitle the following words have the meanings indicated. (b) (1) "Authorized repair provider" means a person that is unaffiliated with a manufacturer and, for the purpose of offering to provide services to an owner of the manufacturer's equipment regarding the owner's equipment or part, has: (i) An arrangement with the manufacturer under which the manufacturer grants to the person a license to use a trade name, a service mark, or any other proprietary identifier; or (ii) Authorization under another arrangement to act on behalf of the manufacturer. (2) "Authorized repair provider" includes a manufacturer when the manufacturer: (i) Offers to provide services to an owner of the manufacturer's equipment regarding the owner's equipment or part; and (ii) Does not have any arrangement described in paragraph (1) of this subsection with an unaffiliated person. (c) "Documentation" means any manual, diagram, reporting output, service code description, schematic, or other information, whether in electronic or tangible format, that a manufacturer provides to an authorized repair provider for the purpose of assisting the authorized repair provider with services performed on the manufacturer's equipment or part. (d) (1) "Embedded software" means programmable instructions provided on firmware delivered with an electronic component of equipment or a part to restore or improve operation of the equipment or part. (2) "Embedded software" includes all relevant patches and fixes that the manufacturer makes to equipment or a part to restore or improve the equipment or part. (e) "Equipment" means a powered wheelchair. (f) "Fair and reasonable terms and costs" means: (1) With respect to obtaining from a manufacturer any documentation, parts, embedded software, firmware, or tools in order to provide services: (i) Terms that are equivalent to the most favorable terms the manufacturer offers to an authorized repair provider; and (ii) Costs that do not exceed the manufacturer's suggested retail price, calculated using net costs incurred and accounting for any discounts, rebates, or incentives offered; (2) With respect to obtaining from a manufacturer any documentation to provide services, terms and costs on which the manufacturer agrees to provide the documentation and any relevant updates at no charge other than, at most, a charge for the manufacturer's actual costs to prepare and send the printed copy of the documentation; and (3) With respect to obtaining from a manufacturer tools that are software programs, terms and costs on which the manufacturer agrees to provide the tools: (i) At no charge and without requiring authorization or Internet access, or imposing impediments to access or use the tools; (ii) During the course of performing a diagnosis, maintenance, or a repair and in a manner that enables full functionality of the equipment or part; and (iii) In a manner that does not impair the efficient and cost- effective performance of the equipment or part. (g) "Firmware" means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to communicate with itself or with other computer hardware. (h) (1) "Independent repair provider" means a person in the State that is: (i) Except as provided in paragraph (2)(i) of this subsection, neither a manufacturer's authorized repair provider nor affiliated with a manufacturer's authorized repair provider; and (ii) Engaged in offering or providing services. (2) "Independent repair provider" includes: (i) An authorized repair provider if the authorized repair provider is offering or providing services for a different manufacturer other than the manufacturer with whom the authorized repair provider has an arrangement as described in subsection (b)(1) of this section; and (ii) A manufacturer that offers or provides services for another manufacturer's equipment or part. (i) "Manufacturer" means a person doing business in the State and engaged in the business of selling, leasing, or supplying new equipment or parts manufactured by or on behalf of itself to any individual, business, or other entity. (j) "Owner" means a person that owns equipment or an agent of the owner. (k) "Part" means a new or used replacement component for equipment that a manufacturer offers for sale or makes available for the purpose of providing services. (l) "Powered wheelchair" means a motorized wheeled device designed for use by a person with a physical disability. (m) "Services" means diagnostics, maintenance, or repairs performed on equipment or parts. (n) (1) "Tool" means any software program, hardware implement, or other apparatus used for diagnosis, maintenance, or repair of equipment or parts. (2) "Tool" includes software or other mechanisms that provide, program, or pair a new part, calibrate functionality, or perform any other function required to return the equipment or part to fully functional condition. (o) "Trade secret" has the meaning stated in § 11-1201 of this article.
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