113 STAT. 188 PUBLIC LAW 106-37—JULY 20, 1999 (4) MATERIAL DEFECT. —The term "material defect" means a defect in any item, whether teingible or intangible, or in the provision of a service, that substantially prevents the item or service from operating or functioning as designed or according to its specifications. The term "materied defect" does not include a defect that— (A) has an insignificant or de minimis effect on the operation or functioning of an item or computer program; (B) Eiffects only a component of an item or program that, as a whole, substantially operates or functions as designed; or (C) has an insignificant or de minimis effect on the efficacy of the service provided. (5) PERSONAL INJURY.— The term "personal injury" means physical injury to a natural person, including— (A) death as a result of a physical injury; and (B) mental suffering, emotional distress, or simileir injuries suffered by that person in connection with a physical injury. (6) STATE.— The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, and any political subdivision thereof. (7) CONTRACT.— The term "contract" means a contract, tariff, license, or warranty. (8) ALTERNATIVE DISPUTE RESOLUTiON.The term "alternative dispute resolution" means any process or proceeding, other than adjudication by a court or in an administrative proceeding, to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration. 15 USC 6603. SEC. 4. APPLICATION OF ACT. (a) GENERAL RULE.— This Act applies to any Y2K action brought after January 1, 1999, for a Y2K failure occurring before Jemuary 1, 2003, or for a potentieQ Y2K failure that could occur or has allegedly caused harm or injury before January 1, 2003, including any appeal, remand, stay, or other judicial, administrative, or edternative dispute resolution proceeding in such an action. (b) No NEW CAUSE OF ACTION CREATED. —Nothing in this Act creates a new cause of action, and, except as otherwise explicitly provided in this Act, nothing in this Act expemds Einy liability otherwise imposed or limits any defense otherwise avsdlable under Federal or State law. (c) CLAIMS FOR PERSONAL INJURY OR WRONGFUL DEATH EXCLUDED.— Th is Act does not apply to a claim for personal injury or for wrongful death. (d) WARRANTY AND CONTRACT PRESERVATION.— (1) IN GENERAL.— Subject to paragraph (2), in any Y2K action any written contractual term, including a limitation or an exclusion of liability, or a disclaimer of warranty, shall be strictly enforced unless the enforcement of that term would manifestly and directly contravene applicable State law embodied in any statute in effect on January 1, 1999, specifically addressing that term.
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