R895-3-6. Compliance and Responsibilities: Retention and Transfer of State-Developed Computer Software

  (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.