(1) Each state agency and its employees shall
comply with computer software licensing agreements, state laws, federal
contracts, federal funding agreements, and federal laws, including copyright
and patent laws.
(2) All management
personnel will discourage software piracy and take appropriate personnel action
up to and including dismissal, against any employee who has been found to be in
violation of software license agreements. Personnel action shall be in full
accordance with the Department of Human Resource Management Rule
R477-11-1 et
seq., Utah Administrative Code.
(3)
Each state agency shall:
(a) establish a
software coordinating function that will work with the DTS software coordinator
to provide responsibility and authority to manage software licenses, software
licensing agreements, software inventory;
(b) Inform employees that are engaged in
developing or controlling the distribution of software for the State, that any
state-developed software is an asset owned by the State and controlled
according to the terms of this rule.
(4) A state software controller function is
established within the Department of Technology Services with the following
responsibilities:
(a) coordinate all
centralized software purchases;
(b)
manage software licenses, software licensing agreements and software inventory
for centralized software purchases;
(c) coordinate and provide information to
employees who are responsible for the software controller function within each
state agency;
(d) provide to
employees notices of the state agency's software use policy at appropriate
locations. Appropriate locations may include computing facilities, offices,
lunchrooms or websites.
(e) keep
and maintain an inventory of all state-owned computer software and software
licensing agreements tracked by agency by:
(i)
establishing accurate software inventories and maintaining them;
(ii) establishing a baseline inventory of
software already purchased;
(iii)
acquiring and using auditing tools to assist in establishing the inventory
baseline and performing the ongoing reconciliation;
(f) coordinate with DTS technical personnel
to:
(i) dispose of software in accordance
with the software license agreement;
(g) Understand the conditions of computer
software licensing agreements before purchasing computer software, and inform
State employees, whose responsibility it is to monitor the State's compliance
with computer software licensing agreements, of these conditions.
(h) coordinate statewide audits or spot
audits as needed.
