In this chapter:

(1) “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.

(2) “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 1 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.

(3) “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.

(4) “Contract” means the total legal obligation resulting from the parties” agreement as affected 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 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.

(7) “Electronic postmark certificate” means evidentiary proof provided to the sender or recipient of an electronic record that the electronic record:

a. Was postmarked by a postal authority with a valid electronic postmark on the date and time indicated;

b. Was transmitted in a certain form on a specific date and time; and

c. Was sent by the person indicated, to the person indicated, and on the date and time indicated.

(8) “Electronic record” means a record created, generated, sent, communicated, received or stored by electronic means.

(9) “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.

(10) “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.

(11) “Information” means data, text, images, sounds, codes, computer programs, software, databases or the like.

(12) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.

(13) “Person” means an individual, corporation, statutory trust, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

(14) “Postal authority” means:

a. The United States Postal Service or other national public or private mail delivery service that provides electronic postmarks; or

b. A public or private entity that has the regulatory authority or legal responsibility for providing electronic postmarks.

(15) “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.

(16) “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.

(17) “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.

(18) “Transaction” means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial, or governmental affairs.

72 Del. Laws, c. 457, § ?1; 73 Del. Laws, c. 329, § ?8; 76 Del. Laws, c. 83, § ?1; 76 Del. Laws, c. 257, §§ ?1, 2;