§ 399-nn. Sale of digital electronic equipment; diagnostic and repair\ninformation. 1. Definitions. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Authorized repair provider" means an individual or business who\nhas an arrangement with the original equipment manufacturer under which\nthe original equipment manufacturer grants to the individual or business\na license to use a trade name, service mark, or other proprietary\nidentifier for the purposes of offering the services of diagnosis,\nmaintenance, or repair of digital electronic equipment under the name of\nthe original equipment manufacturer, or other arrangement with the\noriginal equipment manufacturer to offer such services on behalf of the\noriginal equipment manufacturer.\n (b) "Digital electronic equipment" or "equipment" means any hardware\nproduct manufactured for the first time, and first sold or used in New\nYork on or after July first, two thousand twenty-three, that depends for\nits functioning, in whole or in part, on digital electronics embedded in\nor attached to the product for which the original equipment manufacturer\nmakes available tools, parts, and documentation either through\nauthorized repair providers, its own employees, or any authorized\nthird-party providers. "Digital electronic equipment" or "equipment"\ndoes not include any product sold under a specific\nbusiness-to-government or business-to-business contract, which is not\notherwise offered for sale directly by a retail seller.\n (c) "Documentation" means any manual, diagram, reporting output,\nservice code description, schematic diagram, or similar kinds of\ninformation required for effecting the services of diagnosis,\nmaintenance, or repair of digital electronic equipment.\n (d) "Fair and reasonable terms" means making available parts, tools,\nor documentation as follows:\n (i) With respect to documentation required for repair, that such\ndocumentation is made available by the original equipment manufacturer\nat no charge, except that, when the documentation is requested in\nphysical printed form, a charge may be included for the reasonable\nactual costs of preparing and sending the copy.\n (ii) With respect to tools, that such tools are made available by the\noriginal equipment manufacturer at no charge and without requiring\nauthorization for use or operation of such tool, or imposing impediments\nto access or use of the tool to diagnose, maintain, or repair digital\nelectronic equipment using parts provided by the original equipment\nmanufacturer in accordance with this section, and in a reasonably timely\nmanner, except that, when such tool is requested in physical form, a\ncharge may be included for the reasonable, actual costs of procuring,\npreparing and sending such tool.\n (iii) With respect to parts, that such parts are made available by the\noriginal equipment manufacturer, either directly or indirectly through\nan authorized repair provider or authorized third-party provider, to\nindependent repair providers and owners at reasonable costs and terms\nand which:\n A. are not conditioned on or imposing a substantial obligation or\nrestriction that is not reasonably necessary for enabling the owner or\nindependent repair provider to engage in the diagnosis, maintenance, or\nrepair of digital electronic equipment made by or on behalf of the\noriginal equipment manufacturer; and\n B. are not conditioned on an arrangement described in paragraph (a) of\nthis subdivision.\n (iv) Such parts, tools, and documentation shall be made available to\nan authorized repair provider, and shall further be made available by an\nauthorized repair provider to any independent repair provider or owner,\nprovided that such authorized repair provider is contractually and\npractically permitted by the original equipment manufacturer to sell\nsuch parts, tools, and documentation to any independent repair provider\nor owner, and provided further th
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