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Chapter 27 - Software Licensing and Maintenance Contracts

27.5 Contractual provisions for software license agreements

27.5.4 Illicit code

Illicit code may be programming language or additional programs included in the software which allow the software supplier to take action such as automatically disabling the software or providing the supplier with remote access to the software and to agency data and/or systems. Review license agreement terms to ensure terminology is not included that will restrict access by the agency or allow the supplier inappropriate access to the agency’s systems. Suggested contract wording:

"Supplier warrants that the licensed software contains no illicit code. Illicit code includes, but is not limited to anything not required to perform the functions that the customer contracts for. Supplier further warrants that the software does not contain any keys that could include any locks, time-outs or similar devices that restrict the customer's access. If any illicit code is found, supplier will be considered automatically in default."

"Supplier warrants that the licensed software does not contain any illicit code that would allow the supplier unauthorized access to the customer’s systems or software."

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