ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 1 of 13 GENERAL PURPOSE1: This policy is intended to provide a process and procedure insuring that usage of MJI software will be solely for purposes permitted by the college. Furthermore, much of the software used by the Michigan Jewish Institute (MJI) college community is provided under license agreements that tell how and where the software may be legally used. It is the policy of MJI that all members of the MJI college community fully comply with these license agreements. Definitions: For the purposes of this policy, “College Community” means all MJI executives, administrative staff, faculty, other full and part-time employees, students and authorized visitors/guests to MJI facilities. "Confidential" means a restriction placed on access to information by federal or state laws (including administrative regulations), court orders and rules, contracts, licenses, or Trustee and College policies. "Content" means any information concerning the substance, purport, or meaning of an electronic communication. "Direct cost" means a cost, fee or charge that would not otherwise be incurred by the College (for example, purchase of software licenses). “Independent study” means a unique opportunity for students to work one-on-one with a MJI professor or other authorized instructor. Independent studies enable a student to (1) engage in specialized coursework or research under a professor's supervision or (2) 1 This policy was updated early in 2013 merely to conform to MJI’s recent change in nomenclature: From “directed” study in its various forms To “independent” study in its various forms. No other changes were made to the original policy statement as no material changes were found needed at the time. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 2 of 13 complete courses not otherwise anticipated to be covered in regular semester offerings during the student's planned tenure at MJI. "Electronic communication" includes, but is not limited to electronic mail ("e-mail"), newsgroup posts, World Wide Web ("WWW") pages, data or file transfers, and facsimile communications sent, published, or received by employees or students using College-owned or operated electronic communication facilities. "Electronic communication facilities" includes, but is not limited to public, private, and commercial computer networks (including the Internet), and facsimile facilities. "Electronic storage" includes any electronic matter that has been stored on a Collegeowned or operated network server, workstation, or personal computer or on removable media such as, but not limited to, external portable drives (e.g., hard and flash) CDROMs and DVDS. "Employees" means all full and part-time, temporary and regular MJI employees including faculty members, administrators, classified personnel, and student employees. “MJI Executive” means the college President, Vice-Presidents, Deans and Directors. "Monitor" means to intercept, access, or inspect an electronic communication. “Monitor" does not include automatic scanning of an electronic communication by network security software such as firewall and anti-virus programs. “Software” means a collection of one or more programs or micro-programs fixed in any tangible medium of expression that comprises a sequence of instructions (source code) to carry out a process in, or convertible into, a form executable by an electronic computer (object code). Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 3 of 13 "Students" means students who are currently enrolled and in good standing at the college. POLICY: It is the policy of MJI that members of the college community are permitted to use college-owned or licensed software for official college business and only on the MJI equipment upon which a duly authorized MJI systems administrator has installed the software. Except as otherwise provided in the PROCESS Section of this Policy, MJI prohibits the copying of such software to any other equipment on or off the MJI campus. All MJI employees and students will be oriented on this policy and procedure and will make it part of their standard behavior and activities while using MJI electronic assets. Specific Policies: A. Permissible Uses of MJI owned or licensed software. 1. Except as otherwise and expressly permitted by this policy, MJI owned or licensed software is intended and shall be used solely for official college business including employee related work and student academic pursuits (i.e., all educational and business pursuits directly related to MJI college activities). 2. In instances where a student may be required to use MJI owned or licensed software on a personal computer (most typically, in the course of an independent study) and MJI has available legal copies, MJI will authorize the temporary installation and activation of one legal and licensed copy of said software on the student’s personal computer. Prior to receiving a copy of the software, the student will be required to sign a witnessed agreement, the language of which is set forth as follows: Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 4 of 13 I, _____________________________ am in temporary receipt of one (1) borrowed (print your name here) copy of the following licensed software from the Michigan Jewish Institute: ___________________________________________________________ (print complete name and version number of software here) I have borrowed this software from MJI, as it is required by my current independent study with __________________ for the course titled_____________________ and I will have to use my own personal computer rather than MJI equipment in order to fulfill all requirements of the independent study. 1) I will install and activate this software to only one single personal computer that I own and control. 2) I will fully abide by all MJI policies relating to the use of MJI software 3) I will not make any other copies of this software and I will not share it with anyone else through sale or either for free or for hire. 4) I will use this software only for activities related to the above named independent study. 5) I will deactivate and/or otherwise uninstall the borrowed copy of this software from my computer within three days of completing the above named independent study or by the end of the current semester, whichever comes sooner. 6) I will return to MJI, the medium (DVD, CD or other) by which I copied this software to my computer within one week of the date indicated below. 7) I understand that MJI faculty and staff are under no obligation to provide assistance in the installation, configuration or maintenance of this software on my personal computer. 8) I hold MJI completely harmless for any and all damages the borrowed software may Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 5 of 13 cause to my personal computer system. 9) I will fully indemnify MJI for any and all litigation or other legal actions that result from my use, misuse or illegal use of this borrowed software. ________________________________ Borrower’s signature _____________________________ Date ________________________________ Witness’ signature ________________________________ Printed name of witness A template copy of this agreement form is attached to this policy. The originally signed agreement will be placed in the student’s permanent academic record file folder. 3. Alternate forms and policies may be used where MJI has site-licensed software under terms that allow students or faculty to install copies of the software on their home machines pursuant to their course work. As needed, a duly authorized MJI systems administrator or manager will post a list of these titles and the appropriate policies and procedures for obtaining copies for home use. B. Prohibited Uses of MJI owned or licensed software. 1. Personal and Commercial Purposes. MJI-owned or licensed software shall not be used for personal or commercial purposes. However, rare use of e-mail, the Internet, and the WWW for personal urgent or emergent purposes is permitted if it does not entail a direct cost to the college and does not violate any local, state or federal laws or regulations. For example, MJI software and hardware may not be used to illegally download, upload or otherwise duplicate copyrighted or otherwise protected materials. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 6 of 13 2. Uses by Other Persons. Only members of the college community may use MJI owned or licensed software and only on the equipment upon which a duly authorized MJI systems administrator has installed the software. MJI may authorize guests to use its owned or licensed software on MJI computing equipment. A Dean or other executive of the College must authorize Guest use in writing. Guests and visitors are never permitted to check out software for installation on their home computers. 3. Copying MJI owned or licensed software. Other than copies created by authorized MJI personnel for backup purposes, MJI prohibits the copying of MJI owned or licensed software to: Computing equipment other than upon which a MJI systems administrator originally installed it; Any transportable media such as, but not limited to: diskettes, CDs, DVDs, Zip disks, USB mini drives, flash cards, etc. 4. Other Prohibited Uses. MJI owned or licensed software shall not be used to: a. Breach or attempt to breach the security of any MJI computing facility (including the unauthorized or intentionally deceptive use of network privileges, accounts, access codes, identities, other identifiers, addresses or passwords); access or use any MJI computer facility without authorization; or knowingly intercept, access, disclose, disrupt, damage, or destroy any electronic communication, or any data, software, or hardware without authorization. b. Intentionally disrupt or interfere with others' use of any MJI software or computing equipment through malicious alteration of MJI owned or licensed software. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 7 of 13 c. Send or store confidential information without authorization. d. Infringe copyrights or violate other intellectual property rights and laws. e. Threaten, intimidate, harass, or defame others in any manner and/or in violation of MJI policies or state and federal laws. f. Violate any other College policies or state and federal laws now or hereafter adopted. g. Access, view, or store obscene or other offensive materials. PROCESS: I. ACQUISITION AND RECORDS MAINTENANCE OF MJI OWNED OR LICENSED SOFTWARE. A. All software acquired by MJI must be purchased through the Office of Academic Administration and approved by an MJI executive or by an authorized MJI systems administrator. B. Software may not be purchased through individual credit cards, petty cash or reimbursed through travel reimbursement forms, unless preauthorized by a MJI executive. C. All authorized software that is purchased or otherwise legally obtained (see below) should first be delivered to a MJI executive or an authorized systems administrator or manager to ensure that a complete record of the acquisition is noted in the software database log developed for this purpose and for registration of the software (as may be required by the license owner) in the name of MJI. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 8 of 13 D. Subsequent to the recording (logging) of the software acquisition, the software may only be installed by a MJI staff member authorized to install software. E. The original media upon which the software is delivered and any legally permissible backup copies will be stored according to the MJI Software Storage Policies and Procedures. F. Shareware is copyrighted software that is distributed freely through the software developers, on-line services, commercial software vendors and others. It has a preview/evaluation period after which the user is required to send the developer payment for the right to continue its use. The use of shareware software imposes on MJI the very same liability associated with commercial software copyright infringements and the risks of virus infections. The purchase, installation and use of shareware are governed by the very same policies and procedures that govern commercial software. G. Freeware and Public Domain: Freeware is copyrighted software but does not require payment for the right to use it. Public domain software comes into being when the original copyright holder explicitly relinquishes all rights to the software. The use of freeware and public domain software increases the potential spread of computer viruses from unknown and/or unreliable distribution sources with no recourse. The installation and use of freeware or public domain software is not permitted at MJI without the explicit and written authorization of a MJI executive. II. MONITORING AND DISCLOSURE OF THE CONTENT CREATED BY OR USE OF MJI OWNED OR LICENSED SOFTWARE. A. In General. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 9 of 13 MJI will not routinely monitor or disclose the college community’s use of MJI owned or licensed software unless required by terms of the software license. B. EXCEPTIONS. As the owner or licensee of proprietary software and as an institution of higher education subject to Federal and State laws and regulations, MJI may monitor or disclose the use of MJI owned or licensed software under the following circumstances: 1. A software user consents; or 2. Monitoring or disclosure of software usage is in the normal course of College employees' employment and is necessarily incident to the maintenance of the College's software portfolio, or the protection of the College's rights or property (examples include but are not limited to routine maintenance, troubleshooting, or evaluating excessive use of network resources that adversely affects performance); or 3. Monitoring or disclosure of usage: (i) based on an individualized suspicion or a specific complaint to MJI that an employee or student has violated this Policy (for example, unauthorized copying of college owned or licensed software), other College or Trustee policies, or State or Federal law; and (ii) limited in scope to an investigation of the suspected violation; or 4. The College is legally obligated to monitor or disclose an electronic communication; or 5. Warrants, subpoenas, court orders and discovery requests submitted under the Federal or Michigan Rules of Civil Procedure may require the College to monitor or disclose software usage. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 10 of 13 III. COPYING, STORAGE, AND INSPECTION OF FILES CREATED BY MJI OWNED OR LICENSED SOFTWARE. 1. Short-term Electronic Storage. Files created by MJI owned or licensed software (such as document, spreadsheet, database or presentation files) may be copied and saved to a personal account on the server’s hard drive or to floppy disks and other devices. However, because of rapidly evolving technologies, deterioration of storage media, and the risk of deliberate or inadvertent alteration, long-term personal digital storage at MJI is discouraged. Moreover, MJI workstation (local) hard drives are periodically and intentionally purged to provide working space for subsequent users. This can happen without warning and thus the college community is admonished not to store material on local hard drives. MJI server drives are generally purged twice per year and the entire college community is given notice of these events so that everyone can take appropriate steps to back up their files. Additionally, should server drives start to become full, they will be examined for unnecessary materials (material not associated with college related business.) These materials could be purged without warning. MJI strongly urges that: a. Unless arrangements have been made in advance with network administrators, no student should store files totaling more than 25MB on MJI servers. b. Unless arrangements have been made in advance with network administrators, no faculty should store files totaling more than 50MB on MJI servers. c. Due to the nature of their management software and files, there is no set limit for MJI administrative staff. However, any file stored by staff that is not associated with the business of the college is subject to the same purges described above. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 11 of 13 2. Long-term Storage. Whenever practicable, permitted files (as described in paragraph II. 1. above) should be transferred to and stored in more durable formats such as printouts copied to acid-free paper, microform, or other more stable technologies such as CD-ROM. 3. Inspections and Copying of Electronic Records. Public records that are kept in digital format shall be made available for public inspection and copying on floppy disks, online, and/or as printouts in accordance with Federal and State regulations. To facilitate compliance with any government regulations and deadlines for producing public records for inspection and copying, employees, departments, and or offices shall store digital records using a database or other electronic filing system that permits prompt identification and retrieval of the requested records. IV. VIOLATIONS Violations of this Policy may result in disciplinary action up to and including termination or expulsion in accordance with the MJI Catalog, Faculty and Student Handbooks. In addition, MJI reserves the right to delete any software or file that violates any portion of this Policy from its computer facilities. V. RELATIONSHIP TO OTHER MJI COMPUTING/NETWORK FACILITIES USE POLICIES. This Policy supplements and does not supersede other MJI policies governing the appropriate or acceptable use of computing and network facilities. VII. EMPLOYEE ACKNOWLEDGEMENT OF POLICY. All employees sign an acknowledgement of this policy, which includes the following language: Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 12 of 13 I have received a copy of the MJI Policy on Electronic Assets Management, Policy Number EAM 1010. I have read it and understand it or I have had it explained to me so that I understand it. Furthermore, I agree to abide by all the particular issues raised in the policy and will conduct my activities as they relate to MJI Electronic Assets, accordingly. Upon request or when my employment with MJI terminates, I will immediately deliver to MJI all copies of any and all electronic materials and information received from, created for, or belonging to MJI including, but not limited to, a description of all electronic directory trees and their subdirectories and associated files that I have in my possession or that I have created. ______________________ Employee signature ______________ Date The signed form will be collected from all MJI employees and made part of their employee files. VII. POLICY DISTRIBUTION TO STUDENTS. Students will receive this policy (along with other student related policies and procedures) as part of their orientation package. Revised: February 2013 Printed February 14, 2013 ב"ה MICHIGAN JEWISH INSTITUTE Policy and Procedure Manual Functional Area: Title: ELECTRONIC ASSETS MANAGEMENT Policy No. EAM 1010 Software Usage Effective Date: August 2003 Page No. 13 of 13 AUTHORIZATIONS: (at least one signature is necessary to enact this policy/procedure) _______________________________ President Revised: February 2013 ______________________________ Dean Of Academic Administration Printed February 14, 2013 OFF-CAMPUS USE OF MJI LICENSED SOFTWARE AGREEMENT I, _____________________________ am in temporary receipt of one (1) borrowed (print your name here) copy of the following licensed software from the Michigan Jewish Institute: ___________________________________________________________ (print complete name and version number of software here) I have borrowed this software from MJI, as it is required by my current independent study with _________________________ for the course titled____________________ and I will have to use my own personal computer rather than MJI equipment in order to fulfill all requirements of the independent study. 1) I will install and activate this software to only one single personal computer that I own and control. 2) I will fully abide by all MJI policies relating to the use of MJI software 3) I will not make any other copies of this software and I will not share it with anyone else through sale or either for free or for hire. 4) I will use this software only for activities related to the above named independent study. 5) I will deactivate and/or otherwise uninstall the borrowed copy of this software from my computer within three days of completing the above named independent study or by the end of the current semester, whichever comes sooner. 6) I will return to MJI, the medium (DVD, CD or other) by which I copied this software to my computer within one week of the date indicated below. 7) I understand that MJI faculty and staff are under no obligation to provide assistance in the installation, configuration or maintenance of this software on my personal computer. 8) I hold MJI completely harmless for any and all damages the borrowed software may cause to my personal computer system. 9) I will fully indemnify MJI for any and all litigation or other legal actions that result from my use, misuse or illegal use of this borrowed software. ________________________________ Borrower’s signature ________________________________ Witness’ signature _____________________________ Date ________________________________ Printed name of witness To be filed in student’s record EMPLOYEE ACKNOWLEDGEMENT OF POLICY. I have received a copy of the MJI Policy on Electronic Assets Management, Policy Number EAM 1010. I have read it and understand it or I have had it explained to me so that I understand it. Furthermore, I agree to abide by all the particular issues raised in the policy and will conduct my activities as they relate to MJI Electronic Assets, accordingly. Upon request or when my employment with MJI terminates, I will immediately deliver to MJI all copies of any and all electronic materials and information received from, created for, or belonging to MJI including, but not limited to, a description of all electronic directory trees and their subdirectories and associated files that I have in my possession or that I have created. ______________________ Employee signature ______________ Date