[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR95.617]



[Page 495]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 95_GENERAL ADMINISTRATION_GRANT PROGRAMS (PUBLIC ASSISTANCE, MEDICAL 

ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS)--Table of 

Contents

 

 Subpart F_Automatic Data Processing Equipment and Services_Conditions 

                for Federal Financial Participation (FFP)

 

Sec.  95.617  Software and ownership rights.



    (a) General. The State or local government must include a clause in 

all procurement instruments that provides that the State or local 

government will have all ownership rights in software or modifications 

thereof and associated documentation designed, developed or installed 

with Federal financial participation under this subpart.

    (b) Federal license. The Department reserves a royalty-free, 

nonexclusive, and irrevocable license to reproduce, publish, or 

otherwise use and to authorize others to use for Federal Government 

purposes, such software, modifications, and documentation.

    (c) Proprietary software. Proprietary operating/vendor software 

packages (e.g., ADABAS or TOTAL) which are provided at established 

catalog or market prices and sold or leased to the general public shall 

not be subject to the ownership provisions in paragraphs (a) and (b) of 

this section. FFP is not available for proprietary applications software 

developed specifically for the public assistance programs covered under 

this subpart.