clearly provides that Infosys can "modify and
prepare derivative works based on the Software
[supplied by the assessee], including, without limitation,
incorporating the Software ... ownership over the software supplied by the
assessee and derivative works based upon such software. As
per clause 2.1 [p.271], the software
cannot copy, modify or create or derivate
work or reverse engineer any part of the software/platform through
which it inputs data and retrieves processed ... cannot copy, modify or create or derivate work or reverse engineer any
part of the software/platform through which it inputs data and retrieves
processed
modify or
information relating to create a derivative work of any
interoperability available to part of the Software.
Licensee subject to such
reasonable conditions ... Software
or accompanying documents;
or (iii) modify the Software,
incorporate it into or with
another Software, or create a
derivative work of any part
language or otherwise modify, adapt, alter,
translate, or create derivative work from the
software; (ii) rent, lease, timeshare or otherwise
grant access ... software or its results or
sublicense, distribute or otherwise transfer the
software to any third party or (iii) alter, modify,
reproduce or create derivative works
accompanying documentation and all copies and
software and associated support information for any derivative works thereof. Customer shall not
backup purposes, provided that the copy ... Software or accompanying documents; or
(Hi) modify the Software, incorporate it into or
with another Software, or create a derivative
work of any part
Infrasoft's copyright and derivative works
other proprietary notices. thereof. Customer shall
All copies of the Software not make any copies of
shall ... Software or
accompanying
documents; or (iii)
modify the Software,
incorporate it into or
with another Software,
or create a derivative
work of any part
different
sectors within the software industry. For the software sector in 'which the
assessee is working i.e. energy derivative trading and risk management ... other company in India doing the work in energy derivatives trading and
risk management software sector. Obviously, there are no proper comparable
man day rates
software by the assessee. The Tribunal also derived support from the decision of Hon'ble Supreme Court in the case of Alembic Chemical Works ... assigning any intellectual property rights in the modifications, enhancements and derivative works to ORACLE or its nominee
Relying strongly on the aforesaid restrictions imposed
vest with the licensor of the software;
vi) There was no outright sale of the aforesaid software by SAP to the assessee
and the aforesaid ... benefits associated with the software would accrue over a
protracted period of time. The benefits derived through other expenses on
software & design development, similarly
Brace Iron & Steel P.Ltd, New Delhi vs Addl.Cit, Special Range-2,, New
