1. (1) Unless otherwise prohibited by federal law, regulation, contract or funding agreement, the state will retain the right, title and interest in any state-owned computer software. To do so, the agency shall:

   1. (a) clearly define in all contracts that it controls the ownership rights for computer software development and related documentation; and
   2. (b) mark all computer software and related documentation with the copyright symbol and publication year, and label "State of Utah" on all media on which the computer software or documentation is stored.

2. (2) The state may sell or license any state-owned computer software. To carry this out, state agency must do the following:

   1. (a) Obtain approval from the Chief Information Officer before the sale or license of state-owned computer software. The agency's request shall include a copy of the sale or license agreement and any other contractual information. The required forms shall be obtained from the Division of Technology Services.
   2. (b) Clearly specify within the documents whether any costs will be recovered from the receiver.
   3. (c) Clearly specify within the documents that the receiver is responsible for acquiring any commercial computer software upon which the state-owned computer software may be dependent.
   4. (d) Clearly specify within the documents if the state will provide additional services, such as installation, training, or maintenance.
   5. (e) Clearly specify within the documents that the state-owned computer software is being sold or licensed in "as is" condition, and that the state will not be held liable for any damages under any circumstances.
   6. (f) Retain a record of the documents, and process it in accordance with Section 63G-2-101.
   7. (g) Complete a review to ensure all state-owned computer software dependencies are compatible with the chosen distribution method and license type.
3. (3) The Chief Information Officer may measure compliance of a state agency and its employees with this rule by conducting periodic audits in accordance with Section 63A-16-205. In performing audits, the Chief Information Officer may utilize external auditors and an agency's internal auditors when such resources are available and the use of such resources is appropriate.

KEY: computer software, licensing, copyright, transfer

Date of Last Change: October 22, 2025

Notice of Continuation: March 7, 2022

Authorizing, and Implemented or Interpreted Law: 63G-3-201; 34-39-1 et seq.; 63G-2-101 et seq.