Page:United States Statutes at Large Volume 107 Part 1.djvu/560

 107 STAT. 534 PUBLIC LAW 103-66—AUG. 10, 1993 "(E) any covenant not to compete (or other arrangement to the extent such arrangement has substantially the same effect as a covenant not to compete) entered into in connection wilii an acquisition (directly or indirectly) of an interest in a trade or business or substantial portion thereof, and "(F) any franchise, trademark, or trade name. "(A) IN GENERAL.—The term 'customer-based intangible' means— "(i) composition of market, "(ii) market share, and "(iii) any other value resulting from future provision of goods or services pursuant to relationships (contractual or otherwise) m the ordinary course of business with customers. "(B) SPECIAL RULE FOR FINANCIAL INSTITUTIONS.—In the case of a financial institution, the term 'customerbased intangible' includes deposit base and similar items. "(3) SUPPLIER-BASED INTANGIBLE. — The term 'supplierbased intangible' means any value resulting fii^m future acquisitions of goods or services pursuant to relationships (contractual or otherwise) in the ordinary course of business with suppliers of goods or services to be used or sold by the t€ucpayer. "(e) EXCEPTIONS.— For purposes of this section, the term 'section 197 intangible' shall not include any of the following: "(1) FINANCIAL INTERESTS.— Any interest— "(A) in a corporation, partnership, trust, or estete, or "(B) under an existing futures contract, foreign currency contract, notional principal contract, or other similar financial contract. "(2) LAND.— Any interest in land. "(3) COMPUTER SOFTWARE. — "(A) IN GENERAL. —Any— "(i) computer software which is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substentially modified, and "(ii) other computer software which is not acquired in a transaction (or series of related transactions) involving the acquisition of assete constituting a trade or business or substantial portion thereof. "(B) COMPUTER SOFTWARE DEFINED.— For purposes of subparagraph (A), the term 'computer software' means any program designed to cause a computer to perform a desired function. Sudi term shall not include any date base or similar item unless the date base or item is in the public domain and is incidentel to the operation of otherwise qualifying computer software. 'X4) CERTAIN INTERESTS OR RIGHTS ACQUIRED SEPA- RATELY. — Any of the following not acauired in a transaction (or series of related transactions) involving the acquisition of assete constituting a trade business or substantial portion thereof: "(A) Any interest in a film, sound recording, video tepe, book, or similar property.
 * (2) CUSTOMER-BASED INTANGIBLE. —

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