support and maintenance of software, and future modifications should be planned and documented in advance. 0205: Intellectual Property Rights Adherence to Intellectual property (IP) laws to protect owners, inventors, and creators of intellectual property from unauthorized use. 020501: In the deployment of software solutions in Government there is likely to be several options available. Some of the options available would include: (a) Procurement of retail or “common off- the-shelf” software (b) Customisation or modification to existing licensed software (c) Provision of “green field” or “built from scratch” software 020502 In the case of option (a) above it is essential to ensure that appropriate licenses fees are paid for, if required. If payments are required and a large number of users are involved, “bulk” or “volume” licenses could be negotiated with the Software provider. This would entail costs which should be planned and budgeted by the entity concerned. (See Section 02040201 to avoid maintenance problems.) 020503 In the case of option (b) above, Government entities could hire software engineers or Service Providers to modify or customise the licensed software. It is important to require the Service Provider to adhere to license conditions imposed by the creators or owners of such Software (See section 02040201). Note: There would be service or customisation cost involved in modification or carrying out customisations to this category of software, which should be budgeted by the Government entity. Some of the license categories under this option could provide access to the Source Code, enabling the Government entity to maintain the software using its own resources or a Service Provider or Software Engineers. Replication or re-deployment under this category could take place without incurring license fees, although costs may have to be incurred in respect of services. 020504 In relation to option (c) above, the ownership of Intellectual Property rights would depend on the Agreement between the parties. Such an agreement may include two options: (i) Total ownership of Intellectual Property Rights (ii) Joint ownership of Intellectual Property Rights If the option (ii) is exercised, the Government entity could have access and ownership to the source code upon completion of the software warranty period, provided that the source code is managed through a “source code management repository” arrangement to be agreed by the two parties. Software developed in this manner would enable both the Government entity and the Service Provider to revise, further develop, replicate or deploy without any restriction after the warranty period. If the Government entity is providing significant input to the design of the software it could exercise the right to have total ownership. 14

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