Indian Kanoon - Search engine for Indian Law

5.5.3.3. In the Software Procure Agreement, vide a sub-para below Para 5 Other Software/Modification' it is provided that the appellant company expressly acknowledges and agrees that it does not have right to (i) access the source code to the software, (ii) modify the software, (iii) create multiple copies or derivative works from the software or (iv) disclose, reverse engineer, or reverse compile the software, or (v) distribute the software as installed on the ATM it sell in India.

Diebold India Private Limited 5.5.3.5. Limitations on End User Rights:

The appellant company does not have right to (1) access the source code to the software, (ii) modify the software, (iii) create multiple copies or derivative works from the software or (iv) disclose, reverse engineer, or reverse compile the software, or (v) distribute the software as installed on the ATM it sells in India A reading of the aforesaid agreement would show that what is granted to the distributor is only a non-exclusive, non-transferable licence to utilize computer software for ATMs in India, it being expressly stipulated that no copyright in the computer programme is transferred to the ultimate end- user. This is further amplified by stating that apart from a right to use the computer programme by the end-user himself, there is no further right to sub-license or transfer nor is there any right to reverse-engineer, modify, reproduce in any manner otherwise than permitted by the licence to the end-user. What is paid by way of consideration to the foreign, non- resident manufacturer, is the price of the computer programme as goods, that the end-user can only use it by installing it in the computer hardware owned by the end-user and cannot in any manner reproduce the same for sale or transfer, contrary to the terms imposed by the EULA.