Electronic 282 [ N o . 21 of 2009 Sale and and Communications Transactions 9 0 . (1) A person may sell or a c q u i r e — acquisition of . a encryption products ( ) a . n encryption product despite the encryption algorithm selected, encryption key length chosen or implementation technique or medium used; (b) any s o f t w a r e , i n c l u d i n g s o f t w a r e w i t h e n c r y p t i o n capabilities, that i s — (i) g e n e r a l l y a v a i l a b l e , as is, a n d d e s i g n e d for installation by the purchaser; (ii) in the public domain or is publicly available or accessible to the public in any form; or (iii) a computing device because it incorporates or employs in any form software exempted from any requirement for a validated licence. (2) In this section— " generally available " in relation to software, means software that is widely offered for sale, license or transfer including, but not limited to, over-the-counter retail sales, mail order transactions, phone order transactions, electronic distribution or sale on approval; " as is " in relation to software, means a software program that is not designed, developed or tailored by a software company for specific purchasers; " is designed for installation by the p u r c h a s e r " in relation to software, m e a n s — (a) that a software company intends the purchaser who may not be the actual program user, to install the software program on a computing device and has supplied the necessary instructions to do so; and (b) that the software program is designed for installation by t h e p u r c h a s e r w i t h o u t further s u b s t a n t i a l support from the supplier; " computing device " means a device which incorporates one or more micro-processor-based central processing units that can accept, store, process or provide output of data; and " computer hardware " in relation to information security, includes, but is not limited to, a computer system equipment, application-specific assemblies, modules and integrated circuits.

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