Hello everyone,
Our accounting department recently pointed out the following
bluCard
purchasing restriction to us:
''Software licenses...Should be requested on a BFS
Requisition if:
o A University signature is required, or
o Software is not sold retail and requires a personal
computer mouse
click to accept terms and conditions''
...because of the following risks:
''o Risk of giving up intellectual property rights to
contractor
(e.g., copyrights, trademarks, patent rights)
o Risk of assuming 3rd party liability
o Risk of breach of contract and the incurrence of legal
liabilities
arising there from
o Others not enumerated''
See: http://businessservices.berkeley.edu/HtmFiles/Res
trictItems.htm
I'm curious about the second of the two cases --
''Software is not
sold retail and requires a personal computer mouse click to
accept
terms and conditions''
If we buy a handy $10 piece of downloadable shareware, get
our
license through Kagi, and run the installer with its
click-through
licensing agreement, are we out of bounds? Is Kagi (or
other on-line
software vendors) "retail"?
Certainly, TRC is ok... I do have to click through terms
& conditions
when I install Office or Acrobat. I guess that this means
that TRC
*is* "retail"?
We're following up on the accounting end, but thought we'd
bounce it
off of folks here on Micronet, since many of you certainly
buy
software licenses with your bluCards.
Thanks for any and all thoughts!
-Greg
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