Software Licensing and Usage Guidelines

The intention of the Software Licensing and Usage Guidelines is to ensure appropriate usage of software and compliance with existing software agreements, by all members of the University of San Diego community.  The goal of ITS is to embrace all best practices for software usage and allow enough flexibility to serve the needs of faculty, staff and students.

1.0 Data Sources:  A major component of the Software Licensing and Usage Guidelines is data collection.  The data will be used for reporting, monitoring, and decision support.

1.1 Baseline Inventory:  The baseline inventory is a database with information about every computer in use at the University of San Diego, as well as all of the software installed on these machines.  Inventory information will be updated regularly.  The inventory database contains numerous data fields and can be used to track the location of the computers, software usage history, maintenance activities, release and patch update history, and other system-related information.
 
1.2 Purchase Information:  ITS will keep proof-of-purchase documentation for all software purchased through the ITS department.
 
1.3 License Certificates:  In most cases, software vendors send license certificates once software is purchased.  ITS will keep these on file to verify that our licensing records match.
 
1.4 Software Profile Documentation:  ITS will maintain a profile for each software package in use.  The profile will contain contact information for the software vendor, a link to the vendor support website, a record of our registered username and password (if applicable), description of the licensing information, a schedule for updates, maintenance and renewals, as well as serial numbers/keys.  Specific arrangements will be documented for the utilization of the software, e.g. enterprise agreement, software metering, open source, etc. 
 

2.0 Compliance:  Compliance is an ongoing process and involves information collection and coordination with software vendors.  The information collection will allow us to adequately analyze our current and future needs as a campus in terms of software replacement and new acquisitions.  ITS will proactively work with software vendors to determine the most cost effective licensing arrangement based on our use of the software. 

2.1 Compliance Documentation:  In order to be fully compliant with our software agreements, ITS will maintain proof of purchase of the license, the license agreement, the software certificate (if applicable), and an accurate record of individual licenses given out to various faculty and staff members, if the agreement is not a site license.  ITS will maintain these records in a database to ensure we do not fall out of compliance.
 
2.1.1 ITS will review existing software agreements periodically.  If it appears we are getting close to using all individual licenses for any particular agreement that is not a site license, ITS will research the possibility of negotiating with the software vendor and purchasing more licenses, if deemed necessary.
 
2.1.2 If it is discovered that we are out of compliance with an existing software agreement, ITS will take measures to ensure we become compliant immediately.  This could include discovering that software has been installed on more machines than anticipated.  If this is the case, ITS will either a) remove the software from any extra machines, or b) negotiate with the software vendor for more licenses.  If the latter, the department(s) using the extra licenses could be asked to contribute to the expense of purchasing more licenses.
 
3.0 Program Support
 

3.1 Reports:  ITS relies on the accuracy of reports in order to make sound decisions on software agreements and renewals.  The reports include information on software, licenses and utilization, and are generated from the Kbox asset management system.  There are numerous reports that can be generated from the Kbox system.  Some include:

3.1.1 Software License Compliance – For software with license key seats greater than 0, report the current deployed seats.
 
3.1.2 Computer Inventory Detail – Detailed listing of all computers on the Kbox network with full field detail.
 
3.1.3 Kbox Communication – This report lists by day the latest communication from computers on the network.  It is sorted so that machines that have not checked in recently are at the top of the report.
 
3.1.4 Software Inventory by Vendor – Software inventory listing grouped by vendor showing number of seats deployed.
 
3.1.5 Software on Computer – Listing of all software on each computer in the Kbox network.
 
3.1.6 Software Title and Version – Computer list:  This report lists the computers having each software title in inventory.
 
3.1.7 Software Titled Deployed Count – Software inventory listing sorted by software title showing number of seats deployed.
 
3.2 Communication:  A goal of ITS is to increase awareness among faculty and staff about appropriate use of software.  Specific information about our asset management system (Kbox) will be provided to all users so that they understand what ITS is tracking and how the information is reported.  Communication will be done in a variety of formats including email distribution, transparency of our guidelines and processes on our website (http://www.sandiego.edu/its/resources/software/) , and in some cases, facilitated presentations.  If your department would like more information on software usage and compliance, please contact us at software@sandiego.edu and we will be happy to set up a meeting.
 
3.3 Software Distribution:  Any ITS-funded software which can be distributed to staff or faculty, under a licensing agreement with the vendor, will be documented by ITS.  In order for a requestor to receive the software, they will need to complete the required request form.  This will trigger the assigning of a license to the requestor (and thus adding a record to our database) and a ticket will be created to have the software installed.
 
3.4 Home Use Software:  ITS currently has Home Use or Work-At-Home Rights for Adobe programs, Microsoft Office and Symantec Anti-Virus.  If you leave the university, you will be required to remove any at-home programs from your home computer before your employment is terminated.
 
3.4.1 Adobe:  Please contact software@sandiego.edu to obtain a Work-At-Home Rights agreement to sign.  Bring a blank CD or DVD to Maher 187 for a copy of the program you’re requesting.
 
3.4.2 Microsoft Office:  Visit the Microsoft page request information on obtaining Microsoft Office.
 
3.4.3 Symantec Anti-Virus:  Visit the Symantec page to download a copy to your home computer.  You will be asked to sign an electronic agreement.
 

4.0 Licensing Arrangements and Definitions: 

4.1 Concurrent use licenses require the purchase of a sufficient number of licenses based on estimates of how many computers are actually using the software at any one time and generally are accompanied by or require “license manager” software.  For example, if ITS only has 20 concurrent use licenses for a particular software program, no more than 20 users can access that software at the same time.
 
4.2 Enterprise Campus (site) licenses require a set fee to be paid, either a flat rate unrelated to the number of computers or, more commonly, on a scale based on the number of computers or other devices attached to the network, or on the number of students, faculty and staff at the University of San Diego.
 
4.3 Workstation licenses require the purchase of an individual license for every computer on which the software is made available.  These are in limited quantity.

Commercial software represents the majority of software purchased from software publishers, commercial computer stores, etc. When you buy software, you are actually acquiring a license to use it, not own it. You acquire the license from the company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. In general, commercial software licenses stipulate that

  1. the software is covered by copyright,
  2. although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed,
  3. modifications to the software are not allowed,
  4. decompiling (i.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and
  5. development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder.

Shareware software is covered by copyright, as well. When you acquire software under a shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire the license from the individual or company that owns the copyright. The conditions and restrictions of the license agreement vary from program to program and should be read carefully. The copyright holders for shareware allow purchasers to make and distribute copies of the software, but demand that if, after testing the software, you adopt it for use, you must pay for it. In general, shareware software licenses stipulate that (1) the software is covered by copyright, (2) although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed, (3) modifications to the software are not allowed, (4) decompiling (i.e. reverse engineering) of the program code is not allowed without the permission of the copyright holder, and (5) development of new works built upon the package (derivative works) is not allowed without the permission of the copyright holder. Selling software as shareware is a marketing decision, it does not change the legal requirements with respect to copyright. That means that you can make a single archival copy, but you are obliged to pay for all copies adopted for use.

Freeware also is covered by copyright and subject to the conditions defined by the holder of the copyright. The conditions for freeware are in direct opposition to normal copyright restrictions. In general, freeware software licenses stipulate that

  1. the software is covered by copyright,
  2. copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit,
  3. modifications to the software is allowed and encouraged,
  4. decompiling (i.e. reverse engineering) of the program is allowed without the explicit permission of the copyright holder, and
  5. development of new works built upon the package (derivative works must also be designated as freeware. That means that you cannot take freeware, modify or extend it, and then sell it as commercial or shareware software.

Public domain software comes into being when the original copyright holder explicitly relinquishes all rights to the software. Since under current copyright law, all intellectual works (including software) are protected as soon as they are committed to a medium, for something to be public domain it must clearly be marked as such. Before March 1, 1989, it was assumed that intellectual works were NOT covered by copyright unless the copyright symbol and declaration appeared on the work. With the U.S. adherence to the Berne Convention this presumption has been reversed. Now all works assume copyright protection unless the public domain notification is stated. This means that for public domain software

  1. copyright rights have been relinquished,
  2. software copies can be made for both archival and distribution purposes with no restrictions as to distribution,
  3. modifications to the software are allowed,
  4. decompiling (i.e. reverse engineering) of the program code is allowed, and
  5. development of new works built upon the package (derivative works) is allowed without conditions on the distribution or use of the derivative work.

Information taken from "Using Software: A Guide To The Ethical and Legal Use of Software for Members of the Academic Community."