Chapter highlights:
Purpose: This chapter provides policies and guidelines for the purchase of licensed software and maintenance, including commercial off the shelf (COTS), and related support services. It also presents a comprehensive discussion on intellectual property.
Key points:
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The well-prepared solicitation will set the stage for negotiating a successful software and/or maintenance contract. Addressing IP ownership issues during the solicitation phase helps ensure an even playing field for the Commonwealth and potential suppliers.
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Whatever the agency's business objective in buying the software, it's to the agency's advantage to build flexibility into the software licensing and/or maintenance contract to insure that the licenses can adapt to changes in a fast moving technical environment.
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Except for small, one-time, or non-critical software purchases, VITA recommends that a supplier's license agreement not be used, but that the final negotiated license terms are included in the agency's contract.
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For value-added reseller (VAR) software products, VITA requires the use of an end user license agreement addendum with certain non-negotiable terms.