- Do, whenever possible, make University created software
- Do "publish" software and technical data, that is, make it
available for general distribution either for free or at a price
that does not exceed the cost of reproduction and distribution.
- If the source code of a software program is publicly available,
then the machine readable code compiled from the source code is
software that is publicly available and, therefore, not subject to
the EAR (See EAR 734, Supplement 1, Question G(1)).
- The cost of reproduction and distribution may include variable
and fixed allocations of overhead and normal profit for the
reproduction and distribution functions but may not include
recovery for development, design, or acquisition, such that the
provider does not receive a fee for the inherent value of the
software. (See EAR 734, Supplement 1, Question G(2)).
- Do ask the software provider to identify the ECCN number that
controls the software, and research the applicability of control,
given the possibility that the software provider is being overly
cautious and the software is not, in fact, controlled.
- Do NOT agree to software license restrictions on:
- access to or use of the software by nationals of certain
countries, particularly those from Country Group D (See Supplement 1, Part 740).
- restrictions on dissemination of the "direct product" of the