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.