IC 4-13.1-4-9: State software and remote server contracts

Sec. 9. (a) This section applies to a contract entered into between a state agency and a person under which the state agency receives a license to use a software application designed to run on generally available desktop or server hardware.

(b) A person with which a state agency enters into a contract described in subsection (a) may not, as a provision of the contract or as a condition of the person entering into the contract:

(1) require that the state agency install or run the software on hardware dedicated solely to the state agency; or

(2) otherwise restrict the state agency from installing or running the software on hardware of the state agency's choosing.

(c) If a state agency enters into a contract with a person under which the state agency runs software on hardware owned or operated by the person, the office of technology established by IC 4-13.1-2-1 shall ensure that the state agency fully complies with the licensing terms of all software run on the person's hardware.