In this chapter:
(1) Y2K actionThe term “Y2K action”—
means a civil action commenced in any Federal or State court, or an agency board of contract appeal proceeding, in which the plaintiff’s alleged harm or injury arises from or is related to an actual or potential Y2K failure, or a claim or defense arises from or is related to an actual or potential Y2K failure;
does not include an action brought by a government entity acting in a regulatory, supervisory, or enforcement capacity.
(2) Y2K failureThe term “Y2K failure” means failure by any device or system (including any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions to process, to calculate, to compare, to sequence, to display, to store, to transmit, or to receive year-2000 date-related data, including failures—
to deal with or account for transitions or comparisons from, into, and between the years 1999 and 2000 accurately;
to recognize or accurately to process any specific date in 1999, 2000, or 2001; or
accurately to account for the year 2000’s status as a leap year, including recognition and processing of the correct date on February 29, 2000.
(3) Government entity
(4) Material defectThe term “material defect” means a defect in any item, whether tangible 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 “material defect” does not include a defect that—
has an insignificant or de minimis effect on the operation or functioning of an item or computer program;
affects only a component of an item or program that, as a whole, substantially operates or functions as designed; or
has an insignificant or de minimis effect on the efficacy of the service provided.
(5) Personal injuryThe term “personal injury” means physical injury to a natural person, including—
mental suffering, emotional distress, or similar injuries suffered by that person in connection with a physical injury.
(8) Alternative dispute resolution