This AGREEMENT shall enter into force on the day of purchase of the software between Webkul Software Pvt. Ltd., a company within the meaning of the 1956 Act (hereinafter referred to as “Licensor”) and the purchaser of the software/product (hereinafter referred to as “Licensee”). License: Licensor hereby grants Licensee a personal, non-assignable, non-transferable commercial license, with terms, including rights to distribute derivative works for its own purposes, a non-exclusive license, all in accordance with the terms and other legal restrictions set forth in the 3rd party software used during the performance of the software. The licence conferring the right to produce derivative works should also take into account paragraphs 203(b) and 304(c)(6)(A) by limiting the market for derivative works. The restrictions should apply to the licensee and to the licensee`s assigns and authorised assignees. Diligence in this case will keep the rights properly and business will run smoothly. Non-negotiable & non-transferable: Licensee may not assign or transfer its rights and obligations under this License. The plaintiff had authorized his software to the defendants. The applicable license agreement may have “given defendants the right to copy the encrypted source code,” but the agreement continued to expressly prohibit conduct that would “modify, translate, recompile, decompile, disseminate.” or create derivative works. Nevertheless, the defendants decided, “dissatisfied with the quality of the product”, that instead of paying for a software modification service tailored to their needs, they would prefer to “make their own changes to the applicant`s code”. To make these changes, the defendants deciphered the encrypted copyrighted code provided by the applicant, then copied it “and modified it to create their own competing software, and such modifications clearly constitute the making of a derivative work”. Licensor shall not be liable for any direct, indirect, random, special, consequential or exemplary damages, including, but not limited to, damages to loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Software, whether in contract, warranty, unlawful act, etc. (including negligence, software liability, any type of civil liability or other theory or otherwise) the licensee or any other person for software costs, coverage, recovery or recovery of investments made by licensee or its related companies in connection with this Agreement, or for other loss of profits, revenue, operations or data or punitive or consequential damages arising out of or in connection with this Agreement.
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