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SHG LLC Software and License Usage Policy
POLICY PURPOSE
The purpose of the SHG LLC. Software and License Usage Policy is to ensure that SHG LLC employees are properly trained on appropriate procedures surrounding safe and legal use of company-owned software. Furthermore, this policy is intended to discourage inadvertent (or deliberate) violations of the terms of our organization’s software license agreements and applicable laws when installing and/or using software on computers owned by SHG LLC or private computers used to perform work related to SHG LLC.
BACKGROUND
SHG LLC purchases and licenses software from a variety of sources. Any duplication of software except as permitted by related license agreements is a violation of federal copyright laws and is therefore prohibited.
Installing unauthorized software on a computer system, workstation, or network server within SHG LLC can lead to potential system failures, system degradation or viruses. Unauthorized installations also place SHG LLC and its employees at risk for civil and criminal action, which can result in punitive measures imposed on all involved parties. The installation of unauthorized or illegal software carries civil fines of up to $150,000 per copy of unlicensed software and criminal penalties of up to $250,000, or a five-year jail sentence, or both.
SHG LLC employees that use computer systems for work-related purposes must therefore agree to the following conditions for the use of software:
To purchase, install, and/or use only software that has been authorized for use on SHG LLC computers.
To obtain proper documentation for all work-related software purchases.
To abide by the terms of all license agreements as they pertain to the use of software on SHG LLC issued computers, as well as on “at home” or personal computer systems used for SHG LLC related work.
Not to reproduce or duplicate software, in any way, except as provided by the license agreement between SHG LLC and the software manufacturer.
SOFTWARE AND LICENCE USAGE POLICY
Authorized Software
Only software authorized by SHG LLC may be purchased, installed, or used on SHG LLC issued computers.
Personal software, or software that an employee has acquired for non-business purposes, may not be installed on SHG LLC issued computers. The only software permitted for installation on SHG LLC computers is authorized software for which SHG LLC has been granted a license.
Software Purchases
Only software on the “authorized applications” list may be purchased by SHG LLC employees. If you wish to purchase an authorized application, the following procedures must be adhered to:
A copy of the software license must be provided to I.T. department of SHG LLC for completion of registration and inventory requirements.
Licenses must be registered in the name of SHG LLC and not in the name of an individual end-user.
3.0Duplication of Licenses
Software shall not be duplicated, reproduced, or installed on more than one machine without prior written authorization by SHG LLC.*
If a software license states it is eligible and approved for home use**, the following conditions must be adhered to:
Use of the software is limited to SHG LLC business.
The software must be removed from the computer if the individual is no longer employed by SHG LLC.
If the software has no valid license for the software users must report this to the I.T. department of SHG LLC
* Most software is licensed for use on one computer at a time with a provision for making a single backup copy of the software, but in order to protect individual employees and SHG LLC written consent to do so must be obtained by I.T. department of SHG LLC.
** Most software licensed to SHG LLC cannot be run on home and work computers simultaneously. Some software vendors, however, permit employees, who are licensed to use the product at on work-issued computers and on a “home” computer under certain limited conditions. SHG LLC has no specific policies prohibiting such use, assuming it is permitted under the terms of the license agreement.
4.0 Retirement or Transfer of Licenses
The following rules apply when a license or licenses are replaced by newer versions or are being transferred from one user to another:
Licenses may not be uninstalled from one user’s machine and re-installed on another user’s machine without written permission from I.T. department of SHG LLC.*
All software and documentation for releases or versions that have been replaced by newer versions are to be returned promptly to I.T. department of SHG LLC.
All software and documentation for those products no longer required should be returned promptly to I.T. department of SHG LLC and the software must be uninstalled promptly from the computer.
* In most cases, software licenses are not transferable without prior authorization from the vendor. This is especially important as it relates to the disposition of previous releases and the disposition of software licenses that have been upgraded. For example, it is almost always a violation of the license agreement to give anyone an older version of Microsoft Windows after receiving a Microsoft Windows upgrade. Even if a new license (not an upgrade) has been obtained, it may be still be a violation of the license agreement to give the old copy to another person. Under some conditions, SHG LLC may have rights to transfer software from one user to another. I.T. department of SHG LLC will review license agreements and limitations for each software product, and if appropriate, authorize acceptable transfers of licenses.
5.0 Computer Reassignment
The following rules apply when a computer is being transferred from one user to another:
The computer reassignment must be authorized by the I.T. department of SHG LLC
The intention to transfer the computer must be reported to I.T. department of SHG LLC at least 72 hours in advance to allow for proper documentation.
If, after the transfer, both users are using the software, an additional license must be obtained according to the guidelines specified above.
MONITORING
To ensure adherence to the Software and License Usage Policy and related federal laws and statutes, SHG LLC reserves the right to monitor software installations and usage all computers owned by SHG LLC as well as any privately-owned computers when used to conduct SHG LLC related business.
FAILURE TO COMPLY
There are no exceptions to this policy. Any employee found violating this Software Usage policy in any manner is subject to disciplinary action (in conformance with SHG LLC disciplinary policies) including possible termination of employment, and/or legal action.
SIGNED AGREEMENT
There are no exceptions to this policy. Any employee found violating this Software and License Usage Policy in any manner is subject to disciplinary action (in conformance with SHG LLC disciplinary policies) including possible termination of employment, and/or legal action.
I, _____________________________(print name) have read the SHG LLC Software and License Usage Policy, dated ______________(print date). I understand it and agree to abide by it.
Signed,
__________________________ (signature)
By implementing a Software and License Usage Policy at SHG LLC it will let all the company employees and stakeholders, know and understand what is and is not acceptable uses for software and there license’s at SHG LLC. “Formal software usage policies help facilitate effective software license compliance, digital rights management, and other types of initiatives aimed at adhering to contracts and legal guidelines. (Riley, n.d.)” The policy also is a clear warning for violators of the policy and clearly details what the consequences might lead up to. This policy is important documentation and can be used to safe guard the company in the court of law and can help the company avoid legal actions.
This policy will impact all of the stakeholders and protect there interest.” Primary stakeholders are the people or groups that stand to be directly affected, either positively or negatively, by an effort or the actions of an agency, institution, or organization. (Identifying and Analyzing Stakeholders and Their Interests, n.d.)” Implementing this policy works out in a positive way because it is sets good ethical company standards for the company. It also show what happens to violators of this policy. It will help the company who made the software, because they know that every single users of the SHG LLC knows the consequences of violating this policy and the policy was signed by every single user in the company so if someone is caught using their software without a licenses for the software this signed policy can be used as a binding contract. This policy makes sure that the technicians installing the software makes sure that they do have available licenses for the software or they can be held accountable for installing software that should not be placed on the workstations.
If this policy is not followed the employee who violates the policy could be facing terminations depending on the situation. But if too many employees don’t follow the policy, the terms of the policy will be up for review. But the policy is used to protect the company and its stakeholders who will be left with the financial issues if an employees does get caught violating federal laws. ““Although software usage is governed by a contractual license, the software industry generally relies on the stronger protections afforded by the federal Copyright Act of 1976. The act provides stiff penalties for copyright infringement—up to $150,000 per violation if the infringement is willful (Scott, 2014)”
Works Cited
Identifying and Analyzing Stakeholders and Their Interests. (n.d.). Retrieved from http://ctb.ku.edu/en/table-of-contents/participation/encouraging-involvement/identify-stakeholders/main
Riley, N. (n.d.). The Importance of a Software Usage Policy. Retrieved from Samanage : http://www.samanage.com/blog/2009/12/the-importance-of-a-software-usage-policy/
Scott, R. (2014). Surviving Software Audits. Retrieved from law firms.
