USP Software Policy

Establish standards of conduct with respect to software acquisition, copying, transfer and use. Inform all University of the South Pacific “users” of the seriousness of software misuse, and set out disciplinary procedures for such misuse.

General Provisions

Application

This policy applies to all software acquired by or on behalf of the University of the South Pacific (wherever used) and all software (however acquired) used on any of the University’s Resources which applies to computers, computer systems, networks, facilities, equipment, software, files, documentation, accounts, and information associated with any of them.

Agreements

SOFTWARE may only be used in compliance with applicable license and purchasing agreements.

Discipline

Any user who violates the Software Policy will be subject to;

• Suspension or revocation of his/her computer account,
• Disciplinary action as described in the University’s Code of Conduct and Disciplinary Procedures including suspension, dismissal, or expulsion,
• Disciplinary procedures of the University of the south Pacific under the relevant policies and rules for schools, departments, institutions, staff, administration, and students including suspension or termination of employment (employees), and/or
• Civil or criminal prosecution under “law”. Law means laws of host country.

Noncompliance with certain provisions of the Software Policy may also constitute a violation of the country law. Penalties under such laws include fines, orders of restitution, and imprisonment.

Software Usage Standards

Statement of Responsibilities

Each User is individually responsible for reading, understanding, and adhering to all licenses, notices, and agreements in connection with SOFTWARE which he or she acquires, copies, transmits, or uses or seeks to acquire, copy, transmit, or use. Unless otherwise provided in the applicable license or contract document, any duplication of copyrighted software, except for backup and archival purposes, may be a violation of country regulation. In addition to violating such laws, unauthorized duplication of software is a violation of the Software Policy and the University of the South Pacific Computer Usage Policy.

Standards for SOFTWARE Usage

1. Initial Back-up Copies of SOFTWARE
   
   
   1. All SOFTWARE which is University Property must be copied prior to its initial use and the resulting "master" copy must be stored in a safe place.
      
      
   2. Master copies may not be used for ordinary on-going activities, but must be reserved for recovery from computer virus infections, hard disk crashes, and other computer problems which render the original or installed copy unattainable or unusable.
      
      
   3. The production and use of back-up copies of SOFTWARE must comply with the applicable license agreement.
      
      
2. Acquiring Authorised Copies of SOFTWARE Needed for Classroom, Laboratory, Research, and Business Activities
   
   
   1. When a User's legitimate activities in the fulfillment of the University's mission including course teaching, laboratory exercises, research, or University-related work activities dictate a need for the University's acquisition of software not already licensed to the University or additional copies of licensed software, the User shall request that his/her Head of Department make appropriate arrangements with the Manager Purchasing Department, through the Director Information Technology Services Department and/or applicable vendors for the acquisition of appropriate new or additional licensed copies.
      
      
   2. Nothing contained in the Software Policy shall create:
      
      
      1. a User's entitlement to software,
      2. an obligation for the University to acquire software,
      3. a delegation of authority to any individual to acquire software on behalf of the University or
      4. liability of the University for a User's noncompliance with the Software Policy.
         
         
   3. No User is authorised to make copies of any SOFTWARE for any purpose other than authorised licensed copies or backup copies.
      
      
3. Ownership of Software
   
   
   1. All software acquired for or on behalf of the University or developed by University employees or contract personnel on behalf of the University is and shall be deemed University Property. All such SOFTWARE must be used in compliance with applicable purchase and license agreements.
      
      
4. Transfer of SOFTWARE
   
   
   1. No User may sell, rent, sublicense, lend, transmit, distribute, give, or otherwise convey or make available SOFTWARE or an interest therein to any unauthorised individual or entity.
      
      
5. Decompiling SOFTWARE
   
   
   1. No User shall decompile, disassemble, or reverse-engineer any SOFTWARE except in those rare circumstances in which the University's Director of Information Technology Services and all applicable SOFTWARE licenses and agreements expressly permit it.
      
      
6. Right to Audit
   
   
   1. Notwithstanding any privacy rights which might otherwise exist or apply,
      
      
      1. The University of the South Pacific shall have the right to audit all Resources to ascertain compliance with the University’s Software Policy and
         
         
      2. The University of the South Pacific may permit the SOFTWARE Licensors and their agents to audit some or all Resources to ascertain compliance with their license, purchase, or other applicable agreements.
         
         
7. Questions/Reporting Noncompliance
   
   
   1. Any User who has questions about SOFTWARE use or the Software Policy shall promptly refer the question to the University's Director of Information Technology Services.
      
      
   2. Any User who suspects an incident of noncompliance with the Software Policy by another User shall promptly notify the applicable Head of Department or the University's Director of Information Technology Services.

July 2003