1612 Software Licensing

Responsible Official: 
Chief Information Officer
Responsible Office: 
Office of the Provost
Effective Date: 
July 1, 2013
Revision Date: 
March 22, 2024

Policy Sections

1612.1 Adhering to Copyright Laws and License Agreements

1612.2 Copying Licensed Software/Open-Source Software

1612.3 Illegal Software

1612.4 Trial Software

1612.5 Account Based Software

1612.6 Independently Purchased Software

1612.7 Centrally Distributed Software

1612.8 ITS Support for Software Installations

1612.9 Policy Violations

Scope

This policy applies to all University faculty members, staff members, students, and contractors who use Software (“Yale Users”).

Policy Statement

Yale Users are responsible for being aware of the Software License restrictions for the Software that they use. Use of illegal or improperly licensed Software on University systems is prohibited.

Yale Information Technology Services (“ITS”) service providers must comply with all licensing terms and contracts associated with the Software they distribute or install, as detailed by Policy 1607 Information Technology Appropriate Use Policy.

Reason for the Policy

The improper installation, use, or duplication of Software may create legal liability for the University and Yale Users. This policy provides direction regarding the acquisition, use, distribution, and redistribution of commercial, public domain, and Yale-authored Software and Software Licenses.

Definitions

Software

A collection of programs and data that tell a computer how to perform specific tasks.

Installation Media

Any media (CD, DVD, USB drive, etc.) a publisher uses to distribute Software. Software publishers generally require a Software License Key to activate or install Software found on Installation Media to protect against illegal copying.

Installation Source Files

Files downloaded directly from the Software publisher or distributor. Their function is equivalent to that of Installation Media.

Cloud Based Software

Software that is stored, managed, and made available by a Software company and accessed via network by authorized Yale Users.

Software License

A contract with a Software company or copyright holder that includes the terms under which the user may install, use, copy, modify, or distribute Software.

Software User Account

An account providing access to Software functionality and related storage for the named user for whom the account is created.  Such accounts are governed by terms under which the account may be accessed and how client information and data are stored and secured.

Software License Key

A key, such as a code or passphrase, that is entered into a Software product in order for it to function without restriction or for features to be enabled in the Software. The Software License Key may also take the form of a physical device that must be connected to the computer running the Software.

Policy Sections

1612.1 Adhering to Copyright Laws and License Agreements

Yale Users must adhere to all copyright laws, account terms, and packaged Software License agreements. Yale Users must only duplicate packaged Software products in accordance with Software License agreements (e.g., a backup copy for protection, development, and production environments) and must only access accounts as agreed to when created. The sharing of accounts intended for a single user and the use of copy protection bypass Software, is prohibited. U.S. Copyright Law generally prohibits the duplication, distribution, or installation of copyrighted Software unless the license agreement specifically allows these actions.  Software that is licensed based on hardware configuration (ex. number of CPUs) must be deployed as licensed, and changes in the installation environment must be properly licensed in advance of deployment.

1612.2 Copying Licensed Software/Open-Source Software

Yale Users must not copy Software Licensed to run on a specific computer or at a particular site onto another computer or another site without written authorization from the vendor (e.g., when allowed specifically by the vendor’s written Software License agreement).

Yale Users should be aware that many open-source Software titles are governed by a Software License agreement that limits how the Software may be used, modified, or distributed.

Yale Users must not use illegally copied Software, Software downloaded from an unauthorized source, or unauthorized shareware/freeware on the University network, computers, or other information resources.

1612.4 Trial Software

Yale Users must read and understand the terms of any trial Software they opt to access. Trial Software often requires purchase or deletion at the end of the trial term, and failure to comply exposes the University to potential penalty.

1612.5 Account Based Software

Many Software titles are licensed via online subscription accounts. These accounts are subject to terms and conditions similar to locally installed Software.  Yale Users are responsible for being aware of, and abiding by, such terms and conditions, as well as any additional terms related to the security or user information and data stored on the licensor’s platform.

1612.6 Independently Purchased Software

Yale Users must read, understand, and abide by the terms of any Software License agreement for Software purchased independently (including individually packaged Software purchased through facilities such as Yale’s E-Procurement Solution or directly through a vendor’s website).

1612.7 Centrally Distributed Software

When the University provides Software for Yale business use according to the terms of the contract with the vendor, the Software is provided solely for conducting Yale University business. In limited instances where a vendor may extend additional usage rights (i.e. personal use), it is the responsibility of the Yale User to understand licensing terms and restrictions prior to utilizing such Software for any use not directly related to University business.

1612.8 ITS Support for Software Installations

ITS support personnel must only install Software - initially or as a renewal license for subscription-based Software- when valid proof of license is available. The presence of a particular Software title on a Yale User’s prior system(s), or possession of the Installation Media, Installation Source Files, or Software License Key may not entitle the user to have that Software title installed on a new or replacement computer (see Section 1612.2, above).

ITS support staff must not distribute Software License Keys in violation of University contracts and license agreements.

1612.9 Policy Violations

Report any violations of this policy to ITS at its.software@yale.edu.

Violations of this policy are subject to the disciplinary procedures, penalties, and legal liabilities described in Policy 1607 Information Technology Appropriate Use Policy, Section 1607.3.

Roles and Responsibilities

Information Technology Services Business Operations and Financial Planning

  • Responsible for University Software library management and enterprise Software agreement oversight.

Yale Users

  • Responsible for being aware of and abiding by the Software License restrictions for the Software that they use.

Special Situations/Exceptions

Exceptions to this policy require prior approval by the Chief Information Officer (or designee), in consultation with the Provost’s Office, General Counsel, or other University office, as appropriate.