Current through Bulletin 2024-18, September 15, 2024
(1) Unless
otherwise prohibited by federal law, regulation, contract or funding agreement,
the State of Utah may retain the right, title and interest in any
state-developed computer software. To do so, the agency shall:
(a) clearly define in all contracts that it
controls the ownership rights for computer software development and related
documentation; and
(b) mark all
computer software and related documentation developed by employees of the State
with the copyright symbol and year, and label "Utah State Government" on all
media on which the computer software or documentation is stored and at the
beginning of the computer software execution.
(2) The State of Utah may sell or otherwise
transfer the right, title and interest in any state-developed computer
software. In order to carry this out, state agency must do the following:
(a) Obtain approval from the Chief
Information Officer prior to the sale or transfer of state-developed computer
software. The agency's request shall include a copy of the transfer agreement
and any other contractual information. The required form to complete a transfer
or sale of state-developed software agreement may be obtained from the
department.
(b) Clearly specify
within the transfer documents whether the costs of development will be
recovered from the receiver.
(c)
Clearly specify within the transfer documents whether the costs associated with
copying and sending the state-developed computer software will be recovered
from the receiver.
(d) Clearly
specify within the transfer documents that the receiver is responsible for
acquiring any commercial computer software upon which the state-developed
computer software may be dependent.
(e) Clearly specify within the transfer
documents that no additional services, such as installation, training, or
maintenance, will be provided unless the parties have agreed
otherwise.
(f) Clearly specify
within the transfer documents that the state-developed computer software is
being transferred in "as is" condition, and that the State will not be held
liable for any incidental or consequential damages under any
circumstances.
(g) Retain a record
of the transfer, and process it in accordance with the Government Records
Access and Management Act, Section
63G-2-101 et seq., Utah
Code Annotated.
(3) In
accordance with the requirements of (2), the state may initiate an agreement to
transfer state-developed computer software when reasons exist to share such
software with another state or entity.
(4) The Chief Information Officer may measure
compliance of a state agency and its employees with this rule by conducting
periodic audits in accordance with Section
63F-1-206,
Utah Code Annotated. In performing audits, the Chief
Information Officer may utilize external auditors and an agency's internal
auditor(s) when such resources are available and the use of such resources is
appropriate.
