The following text is a transcription of the CHEST Code of Conduct for the Use of Computer Software or Datasets. The Code was originally created with reference to the use of software in Higher Education and Research Council Establishments, but is also applicable when Further Education institutions partake in CHEST Education Offers. The Code has been incorporated into the licence of all centrally-funded CHEST agreements. Many Higher Education establishments have in fact already amalgamated the Code into their regulations.
This Code of Conduct should be observed by all users of software and/or computer readable datasets, hereafter referred to as "Product", that has been issued or made available to them by the "Institution". This Code does not constitute a licence and, in all cases, users of Product should acquaint themselves with the provisions of the relevant licence when they obtain a copy and before putting the same to use.
The Code of Conduct is in three parts:
- The Code
- Definition of Educational Use
- Copyright Acknowledgement
Unless advised to the contrary it is to be assumed that Product is subject to Copyright Law and is provided for Educational Use, see "Definition of Educational Use".
The Institution will maintain a record, or require any Department which is in receipt of Product to maintain such a record, of each Product that is available for use in the Institution or, in the case of devolved responsibility, within the Department. In either case the record shall contain details of the licensing arrangements for each Product together with the names of any persons to whom a copy has been issued.
All employees and students of the Institution will be informed of this Code of Conduct and all users of Product will be advised of the conditions under which it may be used and will sign that they have been so advised. In the event that users, who are neither employees or students of the Institution, are authorised access to Product they will be similarly advised and shall be required to sign that they have been so advised and will further sign that they will abide by the Code before being given access to Product. The responsibility for ensuring that such users are so informed may be devolved to the "home" Institution by prior agreement between the Institutions.
All employees and students of the Institution will be issued with a copy of the Copyright Acknowledgement.
The Institution will organise arrangements for back-up, copying and distribution of Product and Documentation subject to the conditions of the licence. Users shall not copy or distribute copies of the software unless permitted to do so under the terms of the licence.
Where it is a condition of supply of Product the Institution will organise a single point of contact for dealing with queries and support of Product. It is recommended that, unless special conditions pertain, this point of contact should be within the Computer Centre.
In the event of termination of the licence for a Product, the Institution will instruct the single point of contact to call in all copies of Product and, where appropriate, make arrangements for the safeguarding of the authorised archival copy.
The Institution shall not permit users to reverse engineer or decompile Products unless permitted so to do under the terms of the Copyright, Designs and Patents Act 1988 and associated Statutory Instruments, or under the terms the licence.
The Institution will use its best endeavours to apply, administer and ensure compliance with this Code of Conduct.
Definition of Educational Use
The following are the ground rules and any variation should be a matter for discussion either centrally, by the body negotiating the licence terms, or, where there is no community-wide negotiation, by an Institution BEFORE the form of licence is signed.
The following is a full quotation from the "General Licence Conditions" which apply in CHEST centrally negotiated agreements and in the recommended "Form of Licence" for non-centrally negotiated offers.
Product may be used by any employee, student, or other persons authorised by the Licensee for the purposes of the normal business of the Licensee's organisation, whether or not they are located on the Licensee's premises. Such use of Product includes the following:
- Personal educational development
- Administration and management of the business of the Licensee's organisation.
- Development work associated with any of the above.
- 1. Consultancy or services leading to commercial exploitation of Product
- 2. Work of significant benefit to the employer of students on industrial placement or part-time courses paid for by the student's employer.
In (1) and (2) above, the Licensor may allow such use in return for acknowledgement of use of Product and/or for an agreed fee.
NB: "Commercial Exploitation" in the context of this Code is the use of Product for monetary gain either by the Institution or an individual. Where Product is so used this must be a matter for discussion between the Supplier and the Licensee.
No persons shall be excluded from use of Product for reasons of nationality or citizenship.
All persons who are provided by the licensee with copies of Product must have signed a declaration incorporating the Copyright Acknowledgement.
I agree that my usage of any Software or Computer Readable Datasets, hereafter referred to as "Product", issued or otherwise made available to me by a School or Department of an Institution is subject to the following conditions:
- I will ensure that all the requirements of the agreements or contracts under which Product is held by the Institution will be maintained. (Copies of the relevant agreements or contracts may be seen by application to the School or Department which made Product available.
- I will not remove or alter the Copyright Statement on any copies of Product used by me.
- I will ensure the Security and Confidentiality of any copy released to me, and will not make any further copies from it or knowingly permit others to do so.
- I will use Product only for purposes defined in the Agreement, and only on computer systems covered by the Agreement.
- I will not incorporate a modified version of Product in any program written by me without express permission of the Licensor.
- I will not reverse engineer or decompile Product or attempt so to do other than as provided for by the terms of the Copyright, Designs and Patents Act 1988 and associated Statutory Instruments, and after confirmation of such permission from my Institution.
- I will return all copies of Product at the end of the course/year/period of employment or when requested to do so.
In signing this Copyright Acknowledgement, I realise that the Institution reserves its right to take legal action against individuals who cause it to be involved in legal proceedings, as a result of violation of its licensing agreements.