27.5 Contractual provisions for software license agreements

27.5.9 Right to customizations or enhancements

The Commonwealth should have the right to own or have a perpetual license to any customizations it performs or enhancements that it creates or pays to have created. All applications software developed and installed by the supplier for the Commonwealth should become the exclusive property of the Commonwealth unless the contract specifically states otherwise. If the Commonwealth has a license for any such customizations or enhancements, then it also should have the right to modify those customizations or enhancements at its own discretion. Usually, contracts for COTS software make it difficult for a customer to obtain ownership to enhancements or modifications because these contracts are highly standardized. Contracts for consulting services (state ownership with a license to the contractor) may be negotiated to provide for state ownership of customizations and/or enhancements.