SECTIONS 3269-3271 - California Statutes

CIVIL CODE

SECTION 3269-3271

3269. For purposes of this title, the following definitions apply:
(a) "Year 2000 Problem" means any expected or actual computing,
physical, enterprise, or distribution system complications that may
occur in any computer system, computer program, software application,
embedded systems, embedded chip calculations, or other computing
application as a result of the year change from 1999 to 2000. These
complications are often associated with the common programming
practice of using a two-digit field to represent a year, resulting in
erroneous date calculations, an ambiguous interpretation of the term
"00," the failure to recognize the year 2000 as a leap year, the use
of algorithms that use the year "99" or "00" as a flag for another
function, or the use of applications, software, or hardware that are
date sensitive.
(b) "Information" means any assessment, projection, estimate,
planning document, objective, timetable, test plan, test date, or
test result related to the implementation or verification of Year
2000 Problem processing capabilities of a computer system, computer
program, software application, embedded systems, embedded chip
calculations, or other computing application and intended to solve a
Year 2000 Problem.
(c) "Disclosure" and "discloses" mean any dissemination or
provision of information without any expectation or right to
remuneration or fee therefor.
(d) "Person" means any individual, corporation, partnership,
business entity, joint venture, association, the State of California
or any of its subdivisions, or any other organization, or any
combination thereof.

3270. (a) Notwithstanding any other law, any person that discloses
information regarding the Year 2000 Problem or any potential
solutions to the problem, including, but not limited to, those
persons described in subdivision (b), shall not be liable for damages
in any tort action brought against that person regarding the Year
2000 Problem for any injury caused by, arising out of, or relating
to, the use of the information disclosed, except as provided in
Section 3271.
(b) This section shall apply to any person that, when making the
disclosures described in subdivision (a), specifically disclaims the
universal applicability of the potential solutions disclosed, and
expresses a unique experience with any Year 2000 information.
(c) This section does not apply to prospective solutions sold or
exchanged for profit or provided for profit by a person or entity
holding itself out as a provider of Year 2000 solutions.

3271. (a) Section 3270 shall not apply if the claimant in an action
described in that section establishes that the Year 2000 Problem
information disclosure was all of the following:
(1) Material.
(2) False, inaccurate, or misleading.
(3) Either (A) made with the knowledge that the statement was
false, inaccurate, or misleading, (B) if the information disclosed
was a republication of or otherwise a repetition of information from
another person, made without a disclosure that the information was
based on information supplied by another person or made with the
knowledge that the statement was false, inaccurate, or misleading, or
(C) made with gross negligence in the determination of the truth or
accuracy of the disclosure or in the determination of whether the
disclosure was misleading.
(b) Nothing in this title shall be deemed to affect any other
remedy available at law, including, but not limited to, temporary or
permanent injunctive relief, against a public or private entity or
individual with respect to Year 2000 Problem information disclosures.