Exception to General Contract Execution Policy for Certain Contracts for Digital and Software Products and Licenses for Plays, Musicals, and Student Performances 3-89.1

School Board of the City of Virginia Beach
Regulation 3-89.1

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Exception to General Contract Execution Policy for Certain Contracts for Digital and Software Products and Licenses for Plays, Musicals, and Student Performances

1. Generally
   1. Digital Resources and Software products under $200,000.00

      Many licensing agreements attached to the purchase of digital resources and software purchases contain language that is inconsistent with School Board policy and regulation concerning the approval of contracts. Most of these products have "shrinkwrap", "clickwrap", or "browsewrap" agreements and the vendor/publishers will not agree to amend contract terms to be consistent with School Board policy or regulation. The availability of alternative resources or products is often limited or otherwise unavailable which prohibits the School Division from meeting educational or operational goals/needs. Due to the nature of these types of products or services, the Office of Risk Management has determined that accepting the terms of such agreements without amendments to be consistent with School Board policy or regulation poses an acceptable risk for individual products in the amount of $200,000.00 or less. Accordingly, these types of purchases do not need to be approved by School Board Legal Counsel for legal sufficiency. These products will still need to be approved by the Department of Technology.

   2. Licenses for Plays, Musicals, and Student Musical Performances under $10,000.00

      Some licenses for plays, musicals, and musical performances are also presented as "shrinkwrap", "clickwrap", or "browsewrap" agreements. Other licenses for many of the more popular plays and musicals are controlled by a small number of licensing agencies who will not accept any changes to their contracts. Due to the nature of these types of products or services, the Office of Risk Management has determined that accepting the terms of such agreements without amendments to be consistent with School Board policy or regulation poses an acceptable risk for individual products in the amount of $10,000.00 or less. Accordingly, these types of purchases do not need to be approved by School Board Legal Counsel for legal sufficiency.

2. Definitions
   1. "Shrinkwrap agreement" – agreements that are included inside of the packaging for a product usually shrink-wrapped with a clear plastic cover. These agreements usually say that by opening the box, or by installing the software, you agree to the terms and conditions included in the packaging.
   2. "Clickwrap Agreement" – an agreement to uses a digital resource that requires the user, when logging into the product, to check a box that states that they agree to the terms and conditions of using the product.
   3. "Browsewrap Agreement" - browsewrap agreements are very commonly used for mobile apps and software apps. It is usually a small hyperlink at the bottom of the web page that redirects the user to the legal page, be it a Privacy Policy or a Terms and Conditions. A browsewrap agreement in a mobile app would simply be to link to a legal agreement from within a "Settings" screen on the device.

Approved by Superintendent: September 2020
Approved by Superintendent: May 18, 2021