Terms used in this Act mean: (1) "Agricultural equipment," machinery or equipment designed primarily for use in a farm or ranch operation, including any attachment to, or repair part for, that equipment. The term does not include: (a) A self-propelled vehicle used primarily for the transportation of individuals or property on a street or highway; (b) Any vehicles described in chapter 32-20 or 32-20A; (c) Aircraft; and (d) Equipment designed primarily for irrigation; (2) "Authorized repair provider," includes: (a) An independent repair provider not affiliated with an agricultural equipment manufacturer, other than through an arrangement for a definite or indefinite period of time during which the manufacturer, for the purpose of providing services to an equipment owner regarding the owner's equipment or equipment part, grants the provider license to use a trade name, service mark, or other proprietary identifier, and authorization under any other arrangement to act on behalf of the manufacturer; and (b) A manufacturer that offers to provide services to an owner of the manufacturer's equipment, if the manufacturer does not have an arrangement with an independent repair provider as described in this subdivision; 26 (3) "Data," information generated by or arising from the operation of an owner's agricultural equipment or its parts, compiled or transmitted with the consent of the owner; (4) "Documentation," a manual, diagram, schematic diagram, reporting output, service code description, security code, password, or similar guidance or information, in electronic or tangible form, that a manufacturer provides to an authorized repair provider to assist with services performed on the manufacturer's equipment or equipment part; (5) "Embedded software for agricultural equipment," programmable instructions provided on firmware loaded to or delivered with agricultural equipment, necessary for operation of the equipment, including all relevant patches, fixes and updates; (6) "Fair and reasonable terms and costs," a business practice under which parts are sold to an owner or independent repair provider at equitable terms for access to or receipt of any part pertaining to agricultural equipment in a manner that: (a) Is fair in light of any agreed-upon conditions, the promised quality, and the timeliness of delivery; (b) Does not discourage or disincentivize repairs to be made by an owner or an independent repair provider; (c) Does not impose on an owner or independent repair provider any substantial obligation to use, or any restriction on the use of, a part, embedded software, embedded software for agricultural equipment, firmware, or tool; (d) Does not require that the owner or independent repair provider become an authorized repair provider of the manufacturer; and (e) Does not impose on any owner or independent repair provider any requirement that a part, embedded software, embedded software for agricultural equipment, firmware, or tool, be registered, or paired with, or approved by, the manufacturer or an authorized repair provider before the part, embedded software, embedded software for agricultural equipment, firmware, or tool, is operational; and (7) "Firmware," a software program or instructions programmed on equipment or on an equipment part to enable the equipment or part to function as designed or to communicate with itself or with other computer hardware.