R895-3-5. Compliance and Responsibilities: Software Licensing

  (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.