The purpose of this policy (the "Software Policy") is to: (1) establish standards of conduct with respect to software acquisition, copying, transfer and use, (2) apprise each CPCNet Hong Kong Ltd. user ("User") of the seriousness of software misuse, and (3) set forth disciplinary procedures for such misuse.
II. General Provisions
This policy applies to all software acquired by or on behalf of CPCNet Hong Kong Ltd. (wherever used) and all software (however acquired) used on CPCNet Hong Kong Ltd. Resources (collectively, "SOFTWARE"). "Resources" means CPCNet Hong Kong Ltd. computers, computer systems, networks, facilities, equipment, software, files, documentation, accounts, and information associated with any of them.
B. Acceptable Use
This section defines the boundaries for the “acceptable use” of the CPCNet Hong Kong Ltd. software, including licensed software, freeware, shareware and any self-develop programs that are developed by CPCNet Hong Kong Ltd. employees or contract personnel. The software are to be used only for creating, researching, and processing company-related materials. By using the company’s software you assume personal responsibility for their appropriate use and agree to comply with this policy and other applicable company policies, as well as copyright ordinance.
SOFTWARE may only be used in compliance with applicable license (including "shrinkwrap") and purchasing agreements. All software acquired for or on behalf of the CPCNet Hong Kong Ltd. or developed by CPCNet Hong Kong Ltd. employees or contract personnel on behalf of the company is and shall be deemed company property. All such software must be used in compliance with applicable licenses, notices, contracts, and agreements.
D. Violations and penalties
Penalties for violating the Software Policy will vary depending on the nature and severity of the specific violation. Any employee who violates the Software Policy will be subject to:
(i) Disciplinary action as described in the company’s employee handbook, including but not limited to reprimand, suspension, and/or termination of employment.
(ii) Civil or criminal prosecution under federal and/or state law.
(iii) System Administrator has a right to remove any unauthorized software from our CPCNet Hong Kong Ltd. computer system without any prior notices.
III. Software Usage Standards
A. Statement of Responsibilities
Each User is individually responsible for reading, understanding, and adhering to all licenses, notices, and agreements in connection with SOFTWARE which he or she acquires, copies, transmits, or uses or seeks to acquire, copy, transmit, or use. Unless otherwise provided in the applicable license or contract document, any duplication of copyrighted software, except for backup and archival purposes, may be a violation of copyright ordinance. In addition to violating such laws, unauthorized duplication of software is a violation of the Software Policy and the CPCNet Hong Kong Ltd. Computer Usage Policy.
B. Standards for SOFTWARE Usage
1. Acquiring Authorized Copies of SOFTWARE Needed for Business Activities
a. When a User's legitimate activities in the fulfillment of the company’s mission including service development, research and development, daily operations, or company-related work activities dictate a need for the company’s acquisition of software not already licensed to the company or additional copies of licensed software, the User shall follow the “Software Request procedure” to acquired the approval from the system administrator. He/She will make appropriate arrangements with applicable vendors for the acquisition of appropriate new or additional licensed copies.
b. Nothing contained in the Software Policy shall create: (i) a User's entitlement to software, (ii) an obligation for the company to acquire software, (iii) a delegation of authority to any individual to acquire software on behalf of the company or (iv) liability of the company for a User's noncompliance with the Software Policy.
c. No User is authorized to make copies of any SOFTWARE for any purpose other than authorized licensed copies or backup copies.
d. The company authorized software list of each computer will distribute to each computer user. He/She has a responsibility to maintain software in their computer is compliance with the company authorized software list.
2. Ownership of Software
a. All software acquired for or on behalf of the CPCNet Hong Kong Ltd. or developed by company employees or contract personnel on behalf of the company is and shall be deemed company Property. All such SOFTWARE must be used in compliance with applicable purchase and license agreements.
3. Transfer of SOFTWARE
a. No User may sell, rent, sublicense, lend, transmit, distribute, give, or otherwise convey or make available SOFTWARE or an interest therein to any unauthorized individual or entity.
4. Right to Audit
a. Notwithstanding any privacy rights which might otherwise exist or apply, (i) CPCNet Hong Kong Ltd. and its agents shall have the right to audit all Resources to ascertain compliance with the CPCNet Hong Kong Ltd. Software Policy and (ii) CPCNet Hong Kong Ltd. may permit the SOFTWARE Licensors and their agents to audit some or all Resources to ascertain compliance with their license, purchase, or other applicable agreements.
5. Questions/Reporting Noncompliance
a. Any User who has questions about SOFTWARE use or the Software Policy shall promptly refer the question to the Management Information Systems department.
b. Any User who suspects an incident of noncompliance with the Software Policy by another User shall promptly notify the HR & Admin or Management Information Systems departments.
Acknowledgment of Software Policy
This form is used to acknowledge receipt of and compliance with the company’s Software Policy.
Complete the following steps:
1. Read the Software Policy.
2. Sign and date this form in the spaces provided below.
3. Return this page only to the system administrator.
By signing below, I agree to the following terms:
(i) I have received and read a copy of the Software Policy and understand and agree to the same.
(ii) I understand and agree that any software and hardware devices provided to me by the company remain the property of the company.
(iii) I understand and agree that I am not to modify, alter, or upgrade any software programs provided to me by the organization without the permission of the authorized person.
(iv) I understand and agree that I shall not copy, duplicate (except for backup purposes as part of my job), or allow anyone else to copy or duplicate any software.
(v) I understand and agree that if I leave the company for any reason, I shall immediately return to the company the original and copies of any and all software that I may have received from the company that is either in my possession or otherwise directly or indirectly under my control.
(vi) I understand and agree I must make reasonable efforts to protect all company-provided software from theft and physical damage.