(7)Digital good means a digital audiovisual work, digital audio work, digital book, digital code, or digital application or game, whether electronically or digitally delivered or accessed. Digital good does not include a cable television service, satellite relay television service, or any other distribution of television, video, or radio service.
(b)(1)It shall be unlawful for a seller of a digital good to advertise or offer for sale a digital good to a purchaser with the terms buy, purchase, or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless either of the following occur:
(A)The seller receives at the time of each transaction an affirmative acknowledgment from the purchaser indicating all of the following:
(i)That the purchaser is receiving a license to access the digital good.
(ii)A complete list of restrictions and conditions of the license.
(iii)That access to the digital good may be unilaterally revoked by the seller if they no longer hold a right to the digital good, if applicable.
(B)The seller provides to the consumer before executing each transaction a clear and conspicuous statement that does both of the following:
(i)States in plain language that buying or purchasing the digital good is a license.
(ii)Includes a hyperlink, QR code, or similar method to access the terms and conditions that provide full details on the license.
(2)Any affirmative acknowledgment from the purchaser or clear and conspicuous statement pursuant to paragraph (1) shall be distinct and separate from any other terms and conditions of the transaction that the purchaser acknowledges or agrees to.
(3)This section does not require a person to download a digital good, or prohibit a person from storing a digital good on a server for access through the internet.
(4)This section does not apply to any of the following:
(A)Any subscription-based service that advertises or offers for sale access to any digital good solely for the duration of the subscription.
(B)Any digital good that is advertised or offered to a person for no monetary consideration.
(C)Any digital good that is advertised or offered to a person that the seller cannot revoke access to after the transaction, which includes making the digital good available at the time of purchase for permanent offline download to an external storage source to be used without a connection to the internet.