28-410. Computer software agreements


A. The director may enter into agreements on behalf of this state with private
entities for the distribution, licensing, leasing or sale of computer software developed
by the department. The private entities that enter into an agreement with the department
pursuant to this subsection may only distribute, license, lease or sell the computer
software to governmental agencies located outside of this state and to private entities.


B. The department may distribute, license, lease or sell computer software
developed by the department to private entities, other agencies or political subdivisions
of this state and third parties authorized pursuant to chapter 13 of this title. If the
department distributes, licenses, leases or sells computer software developed by the
department to other agencies or political subdivisions of this state, the department may
enter into a site license contract with the agency or political subdivision of this
state. Other agencies and political subdivisions of this state and authorized third
parties that acquire computer software from the department pursuant to this subsection
shall not distribute, license, lease or sell the computer software to any other person.


C. The department may enter into agreements with other agencies and political
subdivisions in this state for the maintenance and support of computer software acquired
by an agency or political subdivision pursuant to subsection B of this section.


D. The director may enter into agreements with agencies or political subdivisions
in other states for the sharing or exchange of computer software and web based programs
developed by the department if it is determined to be in the best interest of this state.
Entities outside of the department that share or exchange the computer software and web
based programs pursuant to this subsection shall not distribute, license, lease or sell
the computer software or web based program to any other person or agency.


E. The department may enter into agreements with tribes pursuant to subsections B,
C and D of this section.


F. The director shall deposit, pursuant to sections 35-146 and 35-147, monies
generated pursuant to this section in the state highway fund established by section
28-6991.