with no right to modification of source code
the Intellectual Property ('IP') rights in the software system
and any material provided ... received a limited right to
merely use the software without any right to modify
the source code or replicate it. As already mentioned,
there
computer software is
not in the nature of Royalty for use of copyright in the computer software and
does not give rise to any income ... licensee / Indian customers are not provided
with source code but an installable version of the software for them to deploy,
they are also refrained from
sublicense the Licensed Software,
HCI us a holder of non-excluswe license on, inter cilia,
Licensed Software hereby grants to the Customer and the
Customer ... decompile or otherwise attempt to derive source code from
any Licensed Software...
4. From above, it is dear that the above agreement
means any representation of
instructions, data, sound or image, including source code
and object code, recorded in a machine readable form,
and capable of being ... than
packaged software
or canned software.
(b) Packaged 12%
Software
Explanation.- The
expression
"packaged software
or canned software"
means a software
developed
development and export of
software and software developing units operating under
EPZ/EHTP/STP scheme will be allowed to import software
through data- communication/telecommunication ... means any representation of
instructions, data, sound or image, including source code and
object code, recorded in a machine readable form, and capable
of being
development and export of
software and software developing units operating under
EPZ/EHTP/STP scheme will be allowed to import software
through data- communication/telecommunication ... means any representation of
instructions, data, sound or image, including source code and
object code, recorded in a machine readable form, and capable
of being
otherwise create derivative works of any software included in the Service
Offerings (except to the extent software included in the Service Offerings
are provided ... apply any other process or procedure
to derive the source code of any software included in the Service
Offerings, or fc) access
Software is licenced, not
Products or the metadata sold.
created by the Products or
otherwise obtain or derive the 3. LIMITATIONS ON END
source code ... Products or discover the source code or
the metadata created by the algorithms of, the Software
Products for outsourcing, or (except and only
premises of claimant for development of software. The
claimant was monitoring day-to-day development of the
software. The claimant informed the respondents to increase ... have stated that the claimant has
retained the systems and source code of the software with it in
its premises and the respondents paid salary
assessee had argued that:
(a) Software is sold in the same manner as telecom
equipment,
(b) The software is an integral part of the telecom ... customers.
(e) No access to the "source codes" in the software is granted
to the customer.
(f) Payment for software is not related
