Rules of construction, limitations, and non-application

The following rules of construction, limitations, and non-application provisions apply to this Act: (1) Security-related functions not excluded For digital electronic equipment that contains an electronic security lock or other security-related function, the original equipment manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms, any special documentation, tools, and parts needed to disable the lock or function, and to reset it when disabled in the course of diagnosis, maintenance, or repair of the equipment, to restore full functionality of the equipment. (2) Protection of trade secrets Nothing in this Act shall be construed to require an original equipment manufacturer to divulge a trade secret, as defined in section 1839 of title 18, United States Code, to an owner or an independent repair provider except as necessary to provide documentation, parts, and tools on fair and reasonable terms. (3) Terms of agreement with authorized repair providers No provision in this Act shall be construed to abrogate, interfere with, contradict, or alter the terms of any arrangement described in section 6(1)(A), including the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to such arrangement, except that any provision in such terms that purports to waive, avoid, restrict, or limit an OEM's obligations to comply with this Act shall be void and unenforceable. (4) Non-application to motor vehicle or motor vehicle equipment manufacturers Nothing in this Act shall apply to a motor vehicle manufacturer, a manufacturer of motor vehicle equipment, or a motor vehicle dealer, acting in that capacity. (5) Non-application to manufacturers of medical devices Nothing in this Act shall apply to a manufacturer of a medical device, acting in that capacity. (6) Non-application to manufacturers of off-road or non-road vehicles Nothing in this Act shall apply to any manufacturer, distributor, importer, or dealer of an off-road or non-road vehicle, acting in that capacity, including without limitation, aircraft, motorcycles, marine vessels, all terrain sports vehicles, utility terrain vehicles, recreational vehicles, and racing vehicles. (7) Non-application to manufacturers of safety communications equipment Nothing in this Act shall apply to any manufacturer of safety communications equipment, the intended use of which is for emergency response or prevention purposes by an emergency services organization, such as police, fire, or medical and emergency rescue services agencies, acting in that capacity.