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Software Distribution

Software Distribution Terms And Conditions

Online Ordering - Terms and Conditions

All users who obtain software from University Information Services Software Distribution are required to confirm that they have read these 'Terms and Conditions' and that they agree to uphold all parts of it.

Before Software Distribution can begin to process your request for software, you must read these 'Terms and Conditions' and indicate your awareness and agreement to uphold them.

Terms and Conditions

Software Policy of the University of Cambridge

There is continuing pressure from bodies such as the Federation Against Software Theft (FAST) and the Software Publishers Association to ensure that all software (both programs and data) used within the University has been legally obtained.

This can mean different things according to the way in which the software is distributed. Many major software packages are sold in individual "shrink-wrapped" boxes containing individual licences, although some suppliers of bought software may prefer to rely on other proofs of purchase. Much of the software available from Software Distribution is provided under a site licence which requires the University to record the name of each user. A few products are freely available either to the academic community or to the world at large. It is the responsibility of the individual in charge of the software installed on each computer to ascertain that every item of software on it has been legally obtained and to keep the necessary authorisations conveniently to hand.

Under UK Copyright Law, the illegal reproduction of software can be subject to civil damages without financial limit and to criminal penalties including fines and imprisonment. If the use of illegal software within the University were discovered, both the person who made the illegal copy and the relevant University authorities would be liable for each illegal copy found and the onus would be on them to prove their innocence. There could also be considerable disruption if the plaintiffs obtained a court order authorising their solicitors to enter the University and remove computers and other evidence.

The University authorities have therefore approved the following Software Policy with which all members of the University are expected to comply:

  1. The University of Cambridge and its Colleges use, under licence, computer software (both programs and data) from a variety of outside companies. The University does not own this software or its related documentation, and unless authorised by the licence, does not have the right to copy it in any way.
  2. Whenever and however the software is used (including software mounted on Local Area Networks and multiple machines) University and College staff and students must comply with the licence agreement.
  3. The condition in 2 above shall apply not only to software on computers owned by the University and its Colleges, but also to Software on personal machines owned by individual University and College staff and students insofar as the software is being used for University or College purposes, including student coursework.

All users who obtain software from Information Services Software Distribution are already required to agree to these terms and conditions stating that they are fully aware of the University Software Policy and agree to uphold it. However, the Policy applies equally to software which is obtained from other sources but used for University or College purposes, including student coursework.

The use of all software issued by Information Services Software Distribution is also covered by the EduServ Combined Higher Education Software Team (EduServ CHEST) Code of Conduct. The Code has been incorporated into the licence of all centrally funded Eduserv CHEST agreements.

Copies of this are available on the eduserv website: http://www.eduserv.org.uk/services/Chest-Agreements/about-our-licences/user-obligations.

Copyright Acknowledgement

I agree that my usage of any software, or computer readable dataset or other similar material, hereafter referred to as "the product", issued or otherwise made available to me, is subject to the following conditions:

  1. I will ensure that all requirements of the agreements, contracts and licences under which the product is made available to me, will be maintained.
  2. I will adhere to the regulations governing the use of any service involved in the provision of access to the product, whether these services are controlled by my own Institution or by some other organisation.
  3. I will not remove or alter the Copyright Statement on any copies of the product used by me.
  4. I will ensure the security and confidentiality of any product released to me, and will not make any further copies from it or knowingly permit others to do so.
  5. I will use the product only for the purposes defined, and only on computer systems covered, by the agreement, contract or licence.
  6. I will only incorporate some part or version of the product in any work produced by me with the express written permission of the Licensor.
  7. I will not reverse engineer or decompile the product, or attempt to do so.
  8. I will return or destroy all copies of the product at the end of the period of my studies/employment or when requested to do so.
  9. I will not copy or download any products except those specific products were I am entitled to do so. I will ensure that no other person or party uses my copies or downloads and that no other party makes any further copies themselves.

In agreeing to this Copyright Acknowledgement, I understand that the University of Cambridge, its Colleges, and Related Institutions reserve the right to take legal action against individuals who cause them to be involved in legal proceedings as a result of violation of its licensing agreements.

Definition of Educational Use

The following is a full quotation from the "General Licence Conditions" which apply in Eduserv CHEST centrally negotiated agreements:

The product may be used by any employee, student or other person authorised by the Licensee for the purposes of the normal business of the Licensee's organisation, whether or not they are located on the Licensee's premises (within the United Kingdom). Such use of Product includes the following:

  1. Teaching.
  2. Research.
  3. Personal educational development.
  4. Administration and management of the business of the licensee's organisation.
  5. Development work associated with any of the above.

General Exclusions:

  1. Consultancy or services leading to commercial exploitation of the product.
  2. Work of significant benefit to the employer of students on industrial placement or part-time courses.

The Licensor may allow such use in return for acknowledgement of use of the product or for a negotiated fee.

Notes:

  1. COMMERCIAL EXPLOITATION in the context of this code is the use of product for monetary gain either by the University of Cambridge, its Colleges and Related Institutions or an individual. Where product is so used this must be a matter for discussion between the Supplier and the Licensee.
  2. No persons shall be excluded from use of product for reasons of nationality or citizenship.
  3. All persons who are provided by the Licensee with copies of the product will sign a declaration incorporating a Copyright Acknowledgement.

Code of Conduct

The use of all Software issued by Information Services Software Distribution is also covered by the following EduServ Combined Higher Education Software Team (EduServ CHEST) Code of Conduct. The Code has been incorporated into the licence of all centrally-funded EduServ CHEST agreements.

This Code of Conduct should be observed by all users of Software, Computer Readable Datasets, Courseware or other similar material, hereafter referred to as "the product", that has been issued or made available to them by the University of Cambridge and its Colleges. This code does not constitute a licence and, in all cases, users of the product should acquaint themselves with the provisions of the relevant licence when they obtain a copy and before putting the same to use.

The Code of Conduct is in three parts: the Code, Definition of Educational Use and Copyright Acknowledgement.

  1. Unless advised to the contrary it is to be assumed that Software is subject to Copyright Law and is provided for Educational Use, see "Definition of Educational Use".
  2. The University of Cambridge, its Colleges and Related Institutions will maintain a record, or require any Department which is in receipt of the product to maintain such a record, of each product together with the names of any persons to whom a copy has been issued.
  3. All Users of the product will be advised of the conditions under which it may be used and will sign that they have been so advised. In the event that users, who are neither employees or students of the University of Cambridge and its Colleges are authorised access to the product they must be similarly advised and shall be required to sign that they have been so advised and must further sign that they will abide by the Code before being given access to Product.
  4. Users shall not copy or distribute copies of the product.
  5. Where it is a condition of supply of the product the University of Cambridge and its Colleges will organise a single point of contact for dealing with queries and support of the Software. All enquiries should be referred to the users local Computer Officer, or Information Services Desk (email: service-desk@uis.cam.ac.uk) extension 01223 (3)34681.
  6. In the event of termination of the licence for the product, all copies of the product will be called in and, where appropriate, arrangements for the safeguarding of the authorised archival copy will be made.
  7. Users are not permitted to reverse engineer or decompile the product.

The University of Cambridge and its Colleges must use its best endeavours to apply, administer, and ensure compliance with the Code of Conduct.

General Conditions and Other Information

Software may only be issued to current members of staff or students of the University of Cambridge, its Colleges and Related Institutions. All applicants must provide proof of the above before software is issued. The following are acceptable as proof:

  1. A current University Card together with a current CRS (Central Registration Scheme) ID.
  2. A current passport or full driving licence together with a current CRS ID.
  3. For Students - An endorsing signature from one of the Authorised Signatories (registered with Information Services Software Distribution) for your Institution, together with a current passport or full driving licence and a current CRS ID (to be checked by Information Services Reception Staff).
  4. For Information Services Staff - An endorsing signature from one of the Information Services Authorised Signatories (registered with Information Services Software Distribution - usually your Head of Division).

Submission of any software order (either via the Internet, Intranet, or as a manually completed Application Form) is taken as a firm order and commitment to purchase. Software will not be released without payment. Proof of identity will be required upon collection. Software may only be released to the Software Holder (unless written authorisation is given to Information Services Software Distribution (in advance) for another person to collect software on the Holders behalf).

Please note that software cannot be issued 'on the spot' by Information Services Software Distribution when a user sends in, or brings, an Application Form to the Information Services Reception Desk. A 5 working day delivery target has been set, but regrettably cannot always be met, due to deliveries occasionally required from outside suppliers. Information Services Software Distribution will endeavour to process your software application form and deliver your software within the 5 working days.

Licence Expiry Date

Normally most site-licences are automatically renewed from their expiry date. Users will be informed if for some reason a site licence is not to be renewed. Further payment (a Licence renewal fee) will be required for continued use of the Software.

Microsoft Maintenance

The term "Maintenance" means Microsoft Software Assurance Maintenance, and covers the right to upgrade licences for the agreement period only, but does not include the cost of upgrade Media. These are usually available separately at the time of upgrading. Please ask for further details.