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Texas Southern University
Hardware and Software License Compliance Policy
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employees have
the appropriate hardware and software to perform their jobs; protects
the University’s computer environment from viruses, and; maintains
compliance with the copyright laws and licensing agreements.
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Provides guidelines for employee use of University software. Policies
apply to all employees who use information systems technology,
regardless of job position.
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Outlines management responsibility: each college, department and office
is responsible for promoting and enforcing this policy.
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Outlines hardware and software asset acquisition and management.
Software acquisition is restricted; all software must be purchased
through the Office of Information Technology (OIT). All software must
be delivered to the Software Manager for registration. Software Manager
maintains a register of all University software and keeps a library of
software licenses. OIT, with assistance from each division, must
maintain a complete inventory of all hardware and software.
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Provides guidelines for use of information systems
technology. Provides that only University-owned or approved software
may be installed and maintained on University computers.
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Provides for system audits. The Office of Information Technology and/or
Office of Internal Audit may conduct periodic audits of computer
hardware, including laptop computers, to ensure the legal use of
software and provide better management of the University’s assets. This
audit may be done with or without prior employee notification.
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Regulates:
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Breaking up applications within a suite for use by
different individuals.
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Use of non-University purchased software such as
personally owned, shareware, and public domain software.
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Use of personally owned software
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Use of unauthorized software not approved for use on
University computers.
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Use of shareware (copyrighted software that is
distributed freely through bulletin boards and on-line services).
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Use of freeware (copyrighted software but does not
require payment for the right to use) and public domain software
(software where the original copyright holder has relinquishes all
rights to it).
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Use of evaluation software.
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Use of computer games
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Home use of University-owned software.
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Use of University-owned software for telecommuting and
mobile computing.
Texas Southern University
Hardware and Software License Compliance Policy
Adopted by the Board of Regents on August 8, 2003
4. Management Responsibility
5. Hardware and
Software Asset Acquisition and Management
A. Acquisition
of Software
B. Budgeting for
Software
C. Software
Registration
D. Software
Installation
E. Inventory
User Education
B. Proof of
Legal Software
C. Software
Suites/Bundled Software
D. Software
Metering
E.
University-Owned Software
F.
Non-University Purchased Software
G.
Personally-owned Software
H. Unauthorized
Software
I. Shareware
J. Freeware and
Public Domain
K. Evaluation
Software
L. Games
M. Home Use of
University-Owned Software
N. Telecommuting
& Mobile Computing
O.
University-Provided Services
7. System Audits
8. Using
Contractors or Temporary Help
9 . User
Agreement
provide Texas Southern University employees with the appropriate
hardware and software to perform their jobs and to protect the integrity
of the University’s computer environment from viruses while maintaining
compliance with the U.S. copyright laws, software license agreements,
and state law. Any policies previously adopted regarding this subject
matter are hereby repealed.
This policy on hardware and software applies to all
employees who use information systems technology, regardless of job
position.
Microcomputer
hardware and software are University assets owned by the State of Texas
whose use is limited to University business. The University provides
employees with the hardware and software needed to perform their jobs in
an efficient and effective manner. Each employee is expected to utilize
hardware and software in accordance with licensing requirements, state
law and University policy.
The software used
by employees is provided under license agreements that determine how and
where the software may be legally used. It is the policy of this
University to comply with these license agreements. According to the
U.S. Copyright Act, illegal reproduction of software is subject to civil
damages of as much as $100,000 per title infringed and criminal
penalties, including fines of as much as $250,000 per title infringed
and imprisonment of up to five years. Employees who illegally
duplicate software and/or its documentation or otherwise fail to meet
the requirements of the software license agreement and of this policy
are subject to disciplinary action, up to and including termination of
employment.
4. MANAGEMENT RESPONSIBILITY
Each college, department and office has the
responsibility to promote and enforce this policy. Management shall
identify any policy violations and take appropriate disciplinary action.
5. HARDWARE AND SOFTWARE ASSET
ACQUISITION AND MANAGEMENT
A. Acquisition of Software.
Software acquisition is restricted to ensure that the University has a
complete record of all software that has been purchased for University
computers. Although funding for software purchases will remain
departmental, all software acquired by Texas Southern University must be
purchased through the Office of Information Technology (OIT), which will
register, support and upgrade software accordingly. Software may not
be purchased with state purchasing cards or travel cards. Purchase
requisitions or reimbursement request submitted for software purchases
software purchase will be rejected and returned to the end user
B. Budgeting for
Software. When acquiring computer hardware, software and training must
be budgeted by departments at the same time. When purchasing software
for existing computers, such purchases will be charged to the
department's budget for information technology or to an appropriate
budget set aside for tracking software purchases.
C. Software Registration.
When
software is delivered, it must first be delivered to the Software
Manager in OIT so he/she may complete registration and inventory
requirements. The Software Manager is responsible for completing the
registration card and returning it to the software publisher.
1.
Software must be registered in the name of Texas Southern University and
the job title or department in which it will be used. Due to personnel
turnover, software should never be registered in the name of the
individual user.
2.
The Software Manager shall maintain a register of all University
software and will keep a library of software licenses. The register must
contain: a) the title and publisher of the software; b) the date and
source of software acquisition; c) the location of each installation as
well as the serial number and asset tag number of the hardware on which
each copy of the software is installed; d) the name of the authorized
user; e) the existence and location of backup copies; f) the software
product's serial number.
D. Software
Installation.
After the registration requirements above have been met,
the Software Manager will authorize installation of the software.
Manuals, tutorials, and other user materials will be provided to the
user. A copy of the applicable license agreement will be provided to
the user. Once installed on the hard drive, the original media will be
kept in a safe storage area maintained by the Software Manager.
E. Inventory.
It is the responsibility of the Office of Information
Technology, with assistance from each division, to maintain a complete
inventory of all microcomputer hardware and software purchased and used
by each department, office and college. Each department, office and
college section may choose to appoint a hardware and/or software
administrator to assist the Office of Information Technology.
User
Education. All employees who use information systems technology
will be given the University’s Technology Code of Ethics and Computer
Use Policy in order to promote, educate and increase employee awareness
on the legal and ethical use of microcomputer hardware and software.
B. Proof of
Legal Software. The legal use of software will be ensured through
possession of the original (or copied) dated purchase materials such as
invoices, original license agreements, or a complete set of user
documentation (manuals, diskettes, and license). The proof of legal
software will be provided to employees upon request. The clarification
of terms or conditions in the license agreements will be obtained by the
Office of Information Technology and not left up to any employee’s
private interpretation.
C. Software
Suites/Bundled Software. Applications within a suite cannot be broken
up and used by different individuals. If one application within a suite
is in use, the entire suite is in use. No software purchased as a
“suite” (e.g., Microsoft Office includes Word for Windows, Excel, and
PowerPoint) will be “divided” and installed as “individual software
products” on another computer.
D. Software
Metering. Software installed on servers for concurrent usage (accessed
simultaneously by two or more employees) will be metered to ensure
software license compliance as well as reduce costs associated with
unnecessary software licenses, provide efficient use of hard disk space,
and improve system performance.
E.
University-Owned Software. University-owned software is defined as
software purchased by and/or licensed to the University for use on
individual workstations and/or network servers in accordance with the
software license agreement. Only University-owned or approved
software may be installed and maintained on University computers.
Third-party consultants or contractors using University-owned computers
must be prepared to provide proof that the software they purchase and
install on University-owned hardware is legal and necessary to perform
the business functions required by the University. Evidence of this
proof must remain with the software while installed on University-owned
hardware.
G.
Non-University Purchased Software. The use of non-University purchased
software such as personally owned, shareware, and public domain
software, is not recommended on University-owned computers due to
potential liabilities associated with copyright infringement and/or
computer viruses. The exception to this would be that the individual
has proven (or demonstrated) the need for such software to perform their
job responsibility and obtained written approval from their management.
The use of non-University purchased software without written approval
from the Assistant Vice President for Information Technology (AVPIT) is
prohibited; approval is contingent on presentment of proof of purchase.
H.
Personally-owned Software. Personally owned software is defined as
software purchased by an individual employee and not the University.
Personally owned software is normally purchased for use on the
employee’s personally owned computer. Personally owned software is not
a part of the University’s assets. The use of personally owned software
increases the difficulty of software asset management and increases
liability associated with software copyright infringements.
If management
determines that special circumstances warrant an immediate need to use
personally owned software, proof of legal software must be determined as
earlier noted. Evidence of this proof must remain with the software
while installed on University-owned hardware. The use of such software
shall be for a limited time allowing for the approval and purchase of
such software by the University. The use of personally owned software
without written approval from the Assistant Vice President for
Information Technology (AVPIT) is prohibited; approval is contingent on
presentment of proof of purchase.
I. Unauthorized
Software. The University defines unauthorized software as any software
not approved for use. The use of unauthorized software is not
permitted. Employees will be held individually liable for any system
damages (hardware and/or software) that result from the use of
unauthorized software and for costs associated with the correction of
such damages.
J. Shareware.
Shareware is copyrighted software that is distributed freely through
bulletin boards and on-line services. Shareware has a
preview/evaluation period after which the user is required to send the
developer payment for the right to continue its use. The use of
shareware software imposes liability on the associated with software
copyright infringements and the risks of virus infections. The use of
shareware products will be allowed only under special circumstances.
For continued use, payment must be made as specified by the developer.
Approval to use such software must be obtained in writing from the AVPIT.
The use of shareware without written approval is prohibited.
K. Freeware and
Public Domain. Freeware is copyrighted software but does not require
payment for the right to use it. Public domain software comes into
being when the original copyright holder explicitly relinquishes all
rights to the software. The use of freeware and public domain software
increases the potential spread of computer viruses from unknown and/or
unreliable distribution sources with no recourse. The use of shareware
products will be allowed only under special circumstances. Approval to
use such software must be obtained in writing from the AVPIT. The use
of freeware or public domain software without written approval is
prohibited.
L. Evaluation
Software. When Texas Southern University is offered the use of
product(s) or has a need to bring in product(s) for testing and
evaluation purposes, several statutes, rules, and authorities are
involved. Evaluation software must have prior written approval by the
AVPIT before installation and evaluation testing.
M. Games.
Computer games are sometimes bundled with purchased software.
Generally, games are of no value to the University. The use and
execution of games on University-owned computers is prohibited.
N. Home Use of
University-Owned Software. Employees who are permitted by their
management, in accordance with the software license agreement, to use
software purchased by the University on their home computer must abide
with state law and University policy.
O. Telecommuting
& Mobile Computing. Employees who utilize a University-owned computer
to telecommute/work from home or for mobile computing shall abide with
state law and University policy.
P.
University-Provided Services. University-provided services include, but
are not limited to, telephone, dial-in/dial-out, fax machine, copier
machine, postal/messenger mail, e-mail, supplies, and the Internet.
Each employee is expected to utilize such services in accordance with
state law and University policy.
7. SYSTEM AUDITS
The Office of
Information Technology and/or Office of Internal Audit may conduct
periodic audits of computer hardware, including laptop computers, to
ensure the legal use of software and provide better management of the
University’s assets. This audit may be done with or without prior
employee notification.
8. USING CONTRACTORS OR TEMPORARY HELP
The University
must at times use contractors and/or temporary help to supplement
project needs. Contractors and temporary employees may not to load any
software on University computer systems without the written consent of
the AVPIT. In addition, Contractors and temporary employees may not
load University software on their PC equipment. Contractor and
temporary employee computer assets will be subject to a software audit
before the completion or termination of their contract.
9. USER AGREEMENT
If you
have any additional questions about the above policies, address them to
the Assistant Vice President for Information Technology or the General
Counsel before signing this agreement. I affirm that I have read
Texas
Southern University’s Hardware and Software License Compliance Policy
and agree to abide by it as consideration for my continued employment by
the University. I understand that violation of these policies may
result in discipline and/or termination of my employment.
Employee signature Date
Position
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