46-4-102 - Definitions. - Utah Statutes

46-4-102. Definitions.
As used in this chapter:
(1) "Agreement" means the bargain of the parties in fact, as found in their language orinferred from other circumstances and from rules, regulations, and procedures given the effect ofagreements under laws otherwise applicable to a particular transaction.
(2) "Automated transaction" means a transaction conducted or performed, in whole or inpart, by electronic means or electronic records, in which the acts or records of one or both partiesare not reviewed by an individual in the ordinary course in forming a contract, performing underan existing contract, or fulfilling an obligation required by the transaction.
(3) "Computer program" means a set of statements or instructions to be used directly orindirectly in an information processing system in order to bring about a certain result.
(4) "Contract" means the total legal obligation resulting from the parties' agreement asaffected by this chapter and other applicable law.
(5) "Electronic" means relating to technology having electrical, digital, magnetic,wireless, optical, electromagnetic, or similar capabilities.
(6) "Electronic agent" means a computer program or an electronic or other automatedmeans used independently to initiate an action or respond to electronic records or performances inwhole or in part, without review or action by an individual.
(7) "Electronic record" means a record created, generated, sent, communicated, received,or stored by electronic means.
(8) "Electronic signature" means an electronic sound, symbol, or process attached to orlogically associated with a record and executed or adopted by a person with the intent to sign therecord.
(9) "Governmental agency" means an executive, legislative, or judicial agency,department, board, commission, authority, institution, or instrumentality of the federalgovernment or of a state or of a county, municipality, or other political subdivision of a state.
(10) "Information" means data, text, images, sounds, codes, computer programs,software, databases, or the like.
(11) "Information processing system" means an electronic system for creating,generating, sending, receiving, storing, displaying, or processing information.
(12) "Person" means an individual, corporation, business trust, estate, trust, partnership,limited liability company, association, joint venture, governmental agency, public corporation, orany other legal or commercial entity.
(13) "Record" means information that is inscribed on a tangible medium or that is storedin an electronic or other medium and is retrievable in perceivable form.
(14) (a) "Security procedure" means a procedure employed for the purpose of verifyingthat an electronic signature, record, or performance is that of a specific person or for detectingchanges or errors in the information in an electronic record.
(b) "Security procedure" includes a procedure that requires the use of algorithms or othercodes, identifying words or numbers, encryption, or callback or other acknowledgmentprocedures.
(15) (a) "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 ofthe United States.
(b) "State" includes an Indian tribe or band, or Alaskan native village, that is recognized

by federal law or formally acknowledged by a state.
(16) "Transaction" means an action or set of actions occurring between two or morepersons relating to the conduct of business, commercial, or governmental affairs.

Enacted by Chapter 74, 2000 General Session