As used in this chapter, unless the context otherwise requires:
1.“Agreement” means the bargain of the parties in fact, as found in their language or
inferred from other circumstances and from rules, regulations, and procedures given the
effect of agreements under laws otherwise applicable to a particular transaction.
2.“Automated transaction” means a transaction conducted or performed, in whole or
in part, by electronic means or electronic records, in which the acts or records of one or
both parties are not reviewed by an individual in the ordinary course of forming a contract,
performing under an existing contract, or fulfilling an obligation required by the transaction.
3.“Computer program” means a set of statements or instructions to be used directly or
indirectly in an information
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As used in this chapter, unless the context otherwise requires:
1. “Agreement” means the bargain of the parties in fact, as found in their language or
inferred from other circumstances and from rules, regulations, and procedures given the
effect of agreements under laws otherwise applicable to a particular transaction.
2. “Automated transaction” means a transaction conducted or performed, in whole or
in part, by electronic means or electronic records, in which the acts or records of one or
both parties are not reviewed by an individual in the ordinary course of forming a contract,
performing under an existing contract, or fulfilling an obligation required by the transaction.
3. “Computer program” means a set of statements or instructions to be used directly or
indirectly in an information processing system in order to bring about a certain result.
§554D.103, ELECTRONIC TRANSACTIONS — COMPUTER AGREEMENTS 2
4. “Contract” means the total legal obligation resulting from the parties’ agreement as
affected by this chapter and other applicable law.
5. “Electronic” means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
6. “Electronic agent” means a computer program or an electronic or other automated
means used independently to initiate an action or respond to electronic records or
performances in whole or in part, without review or action by an individual.
7. “Electronic record” means a record created, generated, sent, communicated, received,
or stored by electronic means.
8. “Electronic signature” means an electronic sound, symbol, or process attached to or
logically associated with a record and executed or adopted by a person with the intent to sign
the record.
9. “Governmentalagency”meansanexecutive, legislative, orjudicialagency, department,
board, commission, authority, institution, or instrumentality of the federal government or of
a state or of a county, municipality, or other political subdivision of a state.
10. “Information” means data, text, images, sounds, codes, computer programs, software,
databases, or the like.
11. “Information processing system” means an electronic system for creating, generating,
sending, receiving, storing, displaying, or processing information.
12. “Person” means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, governmental agency, public
corporation, or any other legal or commercial entity.
13. “Record” means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
14. “Security procedure” means a procedure employed for the purpose of verifying that
an electronic signature, record, or performance is that of a specific person or for detecting
changes or errors in the information in an electronic record. “Security procedure” includes a
procedure that requires the use of algorithms or other codes, identifying words or numbers,
encryption, or callback or other acknowledgment procedures, and includes digital signature
technology.
15. “State” means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
oftheUnitedStates. “State”includesanIndiantribeorband, orAlaskannativevillage, which
is recognized by federal law or formally acknowledged by a state.
16. “Transaction” means an action or set of actions occurring between two or more
persons relating to the conduct of business, commercial, or governmental affairs.