software, "Web-based Reports Project" software
and "Smart Weighment Project" software. All these software and
their source codes have been developed ... change in the software provided to
them and software remains property of the company.
3.The aforesaid software and their source codes are the original
changes in the source
code and source code could be kept confidential, which gives rise to another
meaning to a licensed software that ... under the DTAA, he reiterated that as source code or the object code of
software had been protected under the Copyright Act , the software could
source code can
always generate the executable machine code at will. Not
much value is added by transfer of binary executable
once the source code ... source code. It was contended
by Ld. Counsel that there was no absolute transfer of source
code of the assessee to Reliance. In fact, source
does not have
any access to the source code. What is available for
their use is software product as such and not the
process embedded ... software continues to be owned by the
assessee and what WIPRO/IBM is getting mere
access to the software. The source code embedded
does not have any
access to the source code. What is available for their use is software
product as such and not the process embedded ... software continues to be owned by the assessee and what
WIPRO/IBM is getting mere access to the software. The source code
embedded
works based
on, or otherwise attempt to discover the above mentioned
software source code or underlying ideas or algorithms.
There is no acquisition of copyright ... does not have
any access to the source code. What is available for their use is
software product as such and not the process embedded
such
source code and it shall immediately deliver all copies of such
source code to Adobe.
Further, the right granted to distribute the software product ... shall not use or disclose such
source code and it shall immediately deliver all copies of such
source code to Adobe Nothing contained in this
under:
"1. Exensys Software Solutions Ltd falls under the following
nature of software services:
· Software Product Company -- who develops software
products by following ... wherein right to use the
software is transferred without giving a source code.
· Software Development Service Provider - who does a portion
of the described software
that
software and source code are two separate items of
transactions whereas the source code is highly critical to any
software having higher intrinsic value ... conditions the "Source Code"
was produced by INTRA/GAMMA from the original developer
/owner of the "Source Code".
In this connection
with escrow of source code
which is reproduced hereunder for ready reference and further discussion:
" Section 11 : Escrow of Source Code
11.1. Escrow, concurrent ... source code. It was contended by Ld. Counsel that there was no absolute
transfer of source code of the assessee to Reliance. In fact, source
