The Vendor is required to provide connect requirements management software for include:
- Software license
• Grants the state a personal non-transferable and non-exclusive right to use, in object code form only, all software and related documentation furnished to the agency under this agreement.
• Software provided pursuant to this solicitation may, in some circumstances, be accompanied by a clickwrap agreement.
• The sole purpose of any clickwrap agreement shall be to operate as the mechanism for the installation of the software.
• The state agrees to use its best efforts to see that its employees and users of all software licensed hereunder comply with the terms and conditions set forth in this agreement, and any exhibits or amendments hereto.
• The right to copy the software, in whole or in part, for use in conducting benchmark or acceptance tests, for business recovery and disaster recovery testing or operations, and consistent with the security, records retainage or other policy of the agency for archival or emergency purposes, or to replace a worn copy; but not for use in preparing derivative works unless expressly allowed
• Use of software on any products other than that for which it was obtained, removal of software from the country or any other material breach shall automatically terminate this license.
• Software bundled with any other product may be used only with the product and with the configuration in which the product is sold by vendor or subsequently upgraded by vendor.
- Use of software and information
• Software may be transferred within the country to any location for the state’s normal operations upon written notice to the vendor without additional cost(s).
• The state may not authorize or allow the use or marketing of the software and products by or to a third party, and may not assign or transfer the software or products to a third party without the prior written consent of vendor.
• Custom or modified software, if solicited by the state, is being developed or modified exclusively for the state, and such custom or modified software, all related data, all copyrights in the custom or modified software and derivative works belong exclusively to the state and shall be transferred to the state upon creation.
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