[§489E-2]  Definitions.  In this
chapter:



"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.



"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 in forming a contract,
performing under an existing contract, or fulfilling an obligation required by
the transaction.



"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.



"Contract" means the total legal
obligation resulting from the parties' agreement as affected by this chapter
and other applicable law.



"Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.



"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.



"Electronic record" means a record
created, generated, sent, communicated, received, or stored by electronic
means.



"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.



"Governmental agency" means an
executive, legislative, or judicial agency, 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.



"Information" means data, text,
images, sounds, codes, computer programs, software, databases, or the like.



"Information processing system" means
an electronic system for creating, generating, sending, receiving, storing,
displaying, or processing information.



"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.



"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.



"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.  The term includes a
procedure that requires the use of algorithms or other codes, identifying words
or numbers, encryption, or callback or other acknowledgment procedures.



"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 of
the United States.  The term includes an Indian tribe or band, or Alaskan
native village, which is recognized by federal law or formally acknowledged by
a state.  "This State" refers to the State of Hawaii.



"Transaction" means an action or set
of actions occurring between two or more persons relating to the conduct of
business, commercial, or governmental affairs. [L 2000, c 282, pt of §1]