Exceptions
72 An agency may wish to depart from the recommendations in this guide in a number of instances, including:
- to use an open source licence that isn't approved for use under this guide
- to use a specific form of integrating open source software, in order to avoid infection by that software.
73 Where an agency seeks to use an exception, it should clearly understand the risks and weigh them against the benefits of the proposed approach. The staff who are seeking the exception should complete the questionnaire below. With this information, the agency's legal advisors and other relevant experts can assess and approve the except as appropriate.
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Issue |
Question |
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Infection |
What is the name of the open source licence, which applies to the software? |
|
Will you modify the open source software in any way? |
|
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Will the open source software be used in conjunction with any other software? If so: How will the two be integrated? Will the open source components be easily removable? |
|
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Distribution |
What is the proposed distribution strategy? |
|
Will you be distributing the open source software outside of the agency? If so, to whom? |
|
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Risks |
Will the open source software help provide a critical business function, or will it only provide minor functionality? |
|
What is the potential impact of any unauthorised use? |
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Alternatives |
Are there commercial software products, which offer the same or similar functionality at an acceptable price? |
|
Would it be difficult or costly for the agency to write its own software to provide the same or similar functionality? |
|
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Warranties |
If a vendor is supplying the open source software for a fee, what is the agency's negotiating position? Is the vendor likely to offer: a warranty as to performance an indemnity for any breach of third party intellectual property caused by our use of the software? |
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