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IT Hardware and Software - Licensing and Use of Software Guidelines

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Section 1 - Purpose / Objectives

(1) The purpose of the Licensing and Use of Software Guidelines is to inform Victoria University staff, students and business partners on software usage obligations and licensing issues.

(2) This guideline supports the ICT Software and Hardware Policy and the Procurement of Hardware and Software Procedure.

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Section 2 - Scope / Application

(3) This Guideline applies to:

  1. The copyright licensing for software applies to all staff and students of Victoria University and any person that has a legitimate business relationship with the University.
  2. This guideline applies to all University procured and supplied software including software installed on PC's, laptops/tablets, servers and smartphones.
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Section 3 - Definitions

(4) Nil

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Section 4 - Policy Statement

(5) Nil

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Section 5 - Procedures

(6) Nil

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Section 6 - Guidelines

(7) This guideline is used to inform VU staff and student of the following:

  1. VU ITS objectives for sourcing and providing software for University use
  2. Penalties of software copyright infringements
  3. VU Policy statement for Licensing and Use of Software
  4. VU Obligations for the Licensing and Use of Software
  5. Work at Home Licensing agreements

Part A - ITS Software Compliance Objectives

(8) The ITS department has the following objectives when sourcing and providing software throughout VU:

  1. To ensure that all software used is legally acquired and used
  2. To procure and provide the software that University clients require
  3. To obtain the most cost effective software licences
  4. To provide an ITS budget for all Standard software
  5. To manage a user pays principle applying to all non-Standard software
  6. To ensure that staff are correctly informed about software usage obligations and licensing issues.

(9) A standard set of software will be loaded on every PC and laptop purchased through VU as part of the Managed Operating Environment (MOE). ITS Desktop Management provides more information of the software included as part of the MOE. Standard administrative software will be provided as required for staff members to perform their duties.

(10) VU Information Technology Services provides a software acquisition service in order to obtain the best possible software solutions for the University. Organisational units or individual staff requiring software that is not part of the MOE are required to follow the process for computer software installation in the Procurement of Hardware and Software Procedure to enquire if the software is available on licence from the University.

(11) Requests for the installation of computer software can be submitted through the IT Service Desk System.

Part B - Penalties

(12) The unauthorised duplication of copyrighted software violates the law and is contrary to the University's standards of conduct and business practice.

(13) The use of unlicenced software by businesses is a criminal offence carrying major penalties and potential jail terms. VU employees, senior managers and the University all risk criminal charges for illegal software use.

(14) Penalties may include:

  1. Individuals: An individual found guilty of an infringement of copyright may be sentenced to a maximum of 5 years imprisonment and fined up to $93,500
  2. Companies: A Company convicted of an infringement of copyright may be fined up to $467,500.

Part C - Policy Statement

(15) The ICT Software and Hardware Policy states that:

  1. The University provides legitimately acquired standard software to meet justifiable client needs and does not permit nor tolerate the making or use of unauthorised software copies within the University under any circumstances.
  2. Victoria University staff and students will comply with all licensing terms and conditions regulating the use of any software that the University acquires. Victoria University purchases licenses to software that allows staff and students to use the software for legitimate client needs. Victoria University does not own the rights to this software.
  3. Victoria University will enforce stringent controls to prevent any unauthorised copying or use of computing software or the making or use of unauthorised copies of software. These will include operating effective measures to verify compliance with pertinent standards and initiating appropriate disciplinary action for any violation of these standards.
  4. All changes to client software installed on a VU PC or Laptop/tablet, server or smart phone must be reported to ITS for licensing and audit purposes.
  5. Staff, students or other users, such as consultants found to have violated this policy will be subject to appropriate disciplinary action and may be subject to legal action.

Part D - Licensing and Use of Computer Software

(16) Victoria University is required to refer to a variety of sources for acquiring and making legal use of computer software. Legitimate sources include and should not be restricted to commercial acquisitions.

(17) Software acquired may also be of a non-commercial nature such as public domain software, shareware software or freeware software, so long as the stipulated usage and licensing requirements of the copyright owner are met. See Appendix 1.

(18) The University expects that organisational units will ensure that all software used is legally licensed. ITS will assist this process through software audits, reporting and monitoring of purchases made through ITS.

(19) Where organisational units purchase software directly from suppliers, the heads of the units are responsible for ensuring that an accurate register of the software licenses is maintained and must be able to produce compliance information showing actual use against licenses held, in the event of an audit. This register must be forwarded to the ITS Service Desk quarterly to ensure that the central VU Software Registry remains current.

(20) Software master media must be securely stored in order to avoid theft and/or unauthorised use or copying.

(21) ITS staff will only install software which can be shown to be licensed. No unlicensed software will be installed.

(22) VU staff and students must be aware that it is illegal to:

  1. Copy software or its accompanying documentation without permission or licence from the copyright owner.
  2. Loan software in order that a copy be made or to copy software while it is on loan — including an individual to a friend or colleague. The loaning of software does not exonerate the owner of the software from the conditions of the licence.
  3. Knowingly distribute or possess unauthorised software.
  4. Run purchased software covered by copyright on two or more computers unless the licence agreement specifically allows it.
  5. Infringe the laws against unauthorised software copying because a superior, colleague or friend compels it.

Part E - Work at Home Licensing

(23) Work at Home rights are available for VU staff members. These rights permit the use of application and system products on a personally owned computer for work-related purposes only.

(24) University staff must agree to the terms and conditions of the agreement. The conditions of use are subject to change.

(25) Staff are not permitted to borrow volume licensing media from ITS to load home use software onto their home computer.

(26) Purchasing information and support is available from ITS Software and Licensing.