Section 1300: Information Technology

Effective: January 26, 1986
Revised: October 2016; March 2023
Reviewed: March 2023
Review Date: March 2025
Responsible Party: Chief Information Officer

Definitions

Software is any computer application that requires installation onto a computer and/or any application that runs on a computer.  The term “software” includes computer software source code and computer software executable code. Examples of software include, but are not limited to, applications such as Microsoft Office and Adobe Photoshop, and system software such as Windows and iOS.

Introduction

Unless software has been expressly placed in the public domain, software is intellectual property protected by federal copyright and trademark law. As such, unauthorized duplication, downloading, distribution, or use of copyrighted software constitutes a violation of federal law. Circumventing copy protection measures is strictly forbidden and is a federal crime.

Faculty, staff, and students using the University’s computer equipment or placing software on University computer systems must adhere to federal and state laws governing software duplication and use and observe all contractual and licensing agreements between the University and software vendors or developers.

University personnel are not to receive, sell, loan, duplicate, download, or distribute copyrighted software unless authorized to do so under a licensing agreement.

Policy

It is Montana State University-Northern policy that no member of the MSUN community engage in any activity that violates federal, state, or local law with respect to intellectual property rights; the terms of software license agreements; or other University policies pertaining to computer software, for any computer software owned by or licensed to the University and computer systems or hardware owned and operated by the University, faculty, staff, and students.

The University, its faculty, staff and students shall at all times abide by any and all copyright laws pertaining to computer software and by any computer software license agreements which are legally applicable to them. Specifically, this means that:

  • All copies of computer software used by any department, faculty or staff member or student on a University owned computer must be a legally acquired copy.
  • Unauthorized or illegal copying of copyrighted software for institutional, personal use or for distribution to others is strictly prohibited.

Legal Duplication and Use

Software users are to adhere to the software license when using or copying software. Generally, licensed and/or copyrighted software may not be duplicated, with the following exceptions:

  • When copying is required for archival or backup purposes; or
  • When specifically permitted by the software vendor, e.g., in a license agreement or an authorizing letter.

Violations of this policy will be referred to the appropriate University disciplinary channels and may result in disciplinary action up to and including termination of employment and/or dismissal from the University, in addition to remedies sought by the copyright holder.

 

References: Montana Board of Regents of Higher Education policy 1901.1 Unauthorized Copying and Use of Computer Software.