Software license agreements
The use of all software is subject to a license agreement. This license agreement may have several names (EULA, ELA, EA, CLP, etc.); it may even appear as a click-through on a web site. At a high level, a license agreement sets forth the terms and conditions related to the use of the software program; it's the list of what the end user can or cannot do with the software, and often sets forth the consequences for violating the agreement.
Each authorized purchaser is responsible for ensuring it has a license agreement that meets the state's (or for non-state agencies, the authorized purchasers) requirements for all software that is in use by its employees, contractors or agents.
The information technology SVARs are contractually obligated to assist authorized purchasers in establishing acceptable license agreements.
License agreements must be reviewed and approved by the DOJ if the value exceeds the threshold for legal sufficiency review and approval, if the agreement is planned for statewide use, or if not otherwise exempt.
Existing agreements and templates
|Over-arching license agreements
applicable to software applications or programs that may be purchased by
an authorized purchaser. The purchase of the software application or
program itself may be covered by the existing statewide agreement.
A program that allows authorized purchasers to take advantage of the volume of the entire state.
(term date 10/04/17 – 10/03/19)
||Two year licensing
program used only for on-premises products.
This is the State’s Master CLP agreement. Each authorized purchaser or
agency must sign up or enroll as an affiliate under this master
agreement. Read the enrollment instructions >|
||This agreement is an EXAMPLE of an ETLA. An ETLA is ideal for larger
deployments across centralized organizations. It offers a three-year
term with one annual payment due on the same date each year. The ETLA is
also used for Cloud products, and has a minimum requirement of 300+
licenses. This agreement references the Adobe General Terms (see below). Each authorized purchaser or agency must contact the SVAR
and ask for assistance setting up an ETLA. The document is considered in
place when submitted to SVAR reseller along with a signed purchase
||Subscription licensing program. This is not an agreement that Adobe would allow a Master or Enterprise agreement. Each agency will have to enter into this agreement on their own.|
|Adobe General Terms
(referenced in the CLP and ETLA)
a EULA) that should be included as back up to either the CLP or an ETLA.
Reference the General Terms and Adobe agreement you are purchasing under on the purchase order document.|
License agreements in place between a specific licensor and a
specific agency. Another authorized purchaser may use the
agency-specific license agreement as a starting point to negotiate a
license agreement between licensor and the new authorized purchaser.
License agreement templates negotiated between DAS (or an
authorized purchaser) and a licensor approved by DOJ. Any templates shown have been negotiated prior to the purchase of software.
There are no approved templates available at this time.
||At this time, we [HPE] are not ready to pursue a master license EULA agreement with the State. We may consider on a pre-order basis, however it is predicated by what is being ordered. As we move more toward solution selling, EULA's could evolve and we don't want to be locked in to one master EULA.