Intellectual Property | Real Estate | Technology | Software

Software use and installation policy for employees, agents and contractors

Jul 21st, 2017 | By | Category: Software Licensing Audits

Attorney Steve® SOFTWARE & HARDWARE INSTALLATION AND USE POLICY.

employee software policy

Free sample policy

Here is a sample software policy you might want to use to base your employee and contractor software use policy on.  We can also draft privacy policies, terms of use, EULA agreements, and social media policies.  This is not legal advice or a substitute for legal advice.  This is a general guide courtesy of Attorney Steve, the software copyright lawyer.   These types of policies should be considered whenever you bring on new employees, or hire outsourced contractors to perform work on behalf of your company.  Most of the software publishers I deal with and the Software Alliance, Autodesk and others have told me that if you hire contractors who are using software on your behalf you need to make sure they are properly licensed.  If not, many companies will believe you should be liable for their pirating of software.  We have talked about this on other blogs.  At any rate, we can disagree on that, but nonetheless it is important to be thinking about these issues and to try to protect your company with an indemnification cause

CLICK HERE FOR AN EDITABLE WORD VERSION OF Attorney Steve’s software installation and use policy

This document is for NON-COMMERCIAL USE only.

What this document might help you with?

  1. Making sure officers and directors are taking steps to oversee the operation
  2. May help promote an “innocent infringement” defense if you end up in legal hot water
  3. Put your employees and contractors on notice of what’s expected of them (brings awareness to important issues)
  4. May prevent illegal copying inside the organization
  5. May help rebut a claim of “willful copyright infringement

Introduction

Our company has a strict policy as it relates to the copyright, installation and use of third party software (ex. Microsoft, Adobe and others.) which is typically protected by federal copyright law. Each employee, agent, representative, contractor and persons working on behalf of our company are expected to, and by signing below, hereby agree to comply with this policy at all times.

Copyrighted Software

You should understand and expect that all software (and hardware) you use during your working relationship with our company will be protected by federal intellectual property rights of another company including but not limited to copyrights and trademarks.

As such, we must respect those rights and always make sure to:

  • Only install software that is properly licensed by an authorized reseller and only after you receive written approval from management. For example, do not buy hardware or software products on websites such as eBay or Amazon and install or use them on your computers or laptops without specific written authorization from management.
  • Use all software within the terms of the end-user licensing agreement (“EULA”). For example, do not use academic versions of any software for commercial purposes.
  • Keep all receipts (if you are asked to purchase or license products on behalf of the company) for any software or hardware that is purchased/licensed/used on behalf of the company and make sure management has a written copy of the receipt or other proof of purchase.
  • Ask questions anytime you are unsure what your obligations are in regard to software or hardware licensing, installation and use issues.
  • Report anything you are aware of that may violate this policy.

Bringing in your own software

If you are bringing in your own laptops, computers, or other computer electronics into the company workplace and such devices have software installed on it, you are responsible to ensure that all software is properly licensed including all software that is used on behalf of the company.  You are not authorized to use any software for company or business purposes without first receiving the express written authorization or approval from company.

Company Trade Secrets

By signing below you understand and agreed to maintain the confidentiality of companies business and strategic plans and opportunities, finances and financial statements, identity of the customers, suppliers and vendors, prices and pricing policies, software and hardware setup and usage, network configurations, contractual rights and obligations, know-how, new products and service ideas and anything else that may be marked or labeled as “confidential” or “trade secret” that comes into your possession.

Question or concerns

If you have any questions or concerns about your obligations under this company policy, or as to the terms of this policy, or have reason to suspect any improper activity by any other employee, agent, contractor or representative of the company, you are obligated to report this to management by calling XXXXXX or emailing XXXXX.

Acknowledgement

I hereby acknowledge that Company has a zero-tolerance policy in regard to violating this policy and infringing third party intellectual property rights and by signing below I understand that violating this policy in any manner can lead to adverse consequences.

I also acknowledge that I have read and understood this policy and agree to comply with its terms and to keep a copy of this policy for my reference.

I further understand that if I fail to comply with any aspect of this policy which leads to any claim for damages, audit, lawsuit, or other legal action by any third party against our company, I agree to indemnify company and its officers and directors for any losses, claims, demands, costs (including audit costs, penalties and attorney fees) or other monetary losses that may be incurred.

 

_________________________________              ________________

Print Name                                                                                                 Date

 

_________________________________

Signature

 

Contact an Intellectual Property Attorney

If you need custom contracts, social medial policies, privacy policies, BSA software audits, Autodesk audits, DMCA safe harbors policies, or other internet legal advice related to computer or technology legal issues contact us at (877) 276-5084.  In many cases we can structure a low flat rate fee.

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen, ME2 Productions and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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