Software to be purchased or acquired (licensed) by Youngstown State University shall be accessible for use by persons with disabilities. "Software" is not limited to assistive applications used by people with disabilities, but rather it applies to the development, procurement, maintenance, or use of all commercially available and newly developed software applications.
All University contracts and grants commencing after the effective date of the Electronic Information Technology (EIT) Accessibility policy should contain a provision requiring the contractor or grantee to comply with the University policy and standards. This means that colleges, departments, programs and other University entities will need to take steps to ensure that information technology, services, products (purchased, leased, or developed with University funds or other funds received by grant or contract from any other state or federal agency) meet the Youngstown State University accessibility requirements. To ensure that the requirements are satisfied, it is recommended that each contract signed with a software vendor contain the provision set forth below or substantially similar language:
"Vendor hereby warrants that the products or services to be provided under this agreement comply with the Youngstown State University accessibility requirements. Vendor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services, which is brought to its attention. Vendor further agrees to indemnify and hold harmless the Youngstown State University or any University entity using the vendor's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of this agreement."