280-20-70 R.I. Code R. § 46.5

Current through June 20, 2024
Section 280-RICR-20-70-46.5 - Definitions
A. "Canned software" - See Prewritten computer software.
B. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions, and shall include but is not limited to desk top computers, laptop computers, smart phones, and other similar devices.
C. "Computer hardware" means the physical components of a computer system.
D. "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.
E. "Computer software maintenance contract" means a contract that obligates a vendor of computer software to provide a customer with future updates or upgrades to computer software, support services with respect to prewritten computer software, or both.
F. "Custom software" means a program created specifically for one user and prepared to the special order of that user.
G. "Delivered electronically" means delivered to the purchaser by means other than tangible storage media.
H. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
I. "License" means the right to use, copy or access software.
J. "Load and leave" means delivery to the purchaser by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser.
K. "Prewritten computer software" means computer software, including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances computer software of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer software; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute "prewritten computer software."
L. "Specified digital products" means electronically transferred:
1. "Digital audio-visual works" which means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.
2. "Digital audio works" which means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. For purposes of the definition of "digital audio works", "ringtones" means digitized sound files that are downloaded onto a device and that may be used to alert the customer with respect to a communication.
3. "Digital books" which means works that are generally recognized in the ordinary and usual sense as "books".

280 R.I. Code R. § 280-RICR-20-70-46.5