Video games in the form of computer programs in physical or downloaded formats that have been legally acquired as complete games, that do not require access to an external computer server for play, and are no longer reasonably available on the commercial market, solely for the purpose of preserving the game in a playable form by a qualified library, archive or museum, where such activity is carried out without any purpose of direct or indirect commercial benefit.

Any electronic distribution, display, or performance made outside the physical premises of an eligible library, archive, or museum of works preserved under this section may be made only for a limited time and after the eligible institution has acted to ensure that users seeking off-premise access to works makes it primarily for private study, scholarship, teaching or research by: 1) specifically establishing that the user’s interest is private study, scholarship, teaching or research, 2) imposing access restrictions appropriate to the nature of the use and the Materials, and 3) notify users that they may access copyrighted materials subject to compliance with applicable laws.