Chapter 27 - Software Licensing and Maintenance Contracts

Always consider geographic usage when drafting and negotiating a software contract. For example, if an agency is aware that it will use the software licenses in many locations throughout the Commonwealth, the agency should be careful that the software contract does not tie user licenses to the agency's primary location. Some software contracts tie user licenses to an agency's physical location and do not allow licenses to "travel." If a software contract contains location-specific restrictive contract language, new licenses would be required for remote locations. Agencies should always use planning, foresight and negotiation, to minimize additional fees that may be charged for traveling licenses or license expansion. Additionally, software access by VITA infrastructure providers may be required at some point, so it is important to include access rights for them or "other Commonwealth agencies and partners" to reduce restrictive language and requirements for contract modifications later.