Software Licence Agreement

A G R E E M E N T

between

Department of Scientific & Industrial Research, Technology Bhavan, New Delhi - 110 016

(Hereinafter referred to as the distributor)

and

________________________________________________________________________

(Hereinafter referred to as the receiving institution)

Whereas  UNESCO has developed and owns the intellectual property of a  set  of  computer programs for the storage and retrieval of information running on mini  and micro computers (hereinafter referred to as CDS/ISIS).

Whereas the receiving institution desires to use CDS/ISIS for the computerized  management of its information.

Whereas the receiving institution assumes responsibility for the selection  of  CDS/ISIS  to  achieve  its intended results and for the  institution  use  and  results obtained from CDS/ISIS.

Whereas  UNESCO has granted the distributor the right to transfer CDS/ISIS  to third parties on its behalf.

Accordingly the distributor shall supply CDS/ISIS to the receiving institution  as  well as all relevant CDS/ISIS manuals and documentation, available at  the time of transfer and grant the receiving institution the following :

LICENSE

The Receiving Institution may:

(a)  use CDS/ISIS on one or more machines owned by the receiving institution;

(b)  make  couples of  CDS/ISIS and related system files supplied  by  UNESCO provided that such copies are only used for backup purposes or  restored only  onto machines owned by the receiving institution; each  such  copy should reproduce and include the copyright notice;

(c)  modify  and/or add system menus and message files using  the  procedures described in the CDS/ISIS manual, especially for the purpose of developing  additional  language versions of CDS/ISIS, provided that  such  new language versions are maid available to UNESCO;

(d)  reproduce  the  CDS/ISIS manuals or portions thereof for the use of  the receiving  institution  personnel, provided that such  copies  reproduce the copyright notice;

(e)  translate  the  CDS/ISIS manuals or portions thereof for the use of  the receiving institution personnel, provided that such  translations clearly indicate the original source and that the text of the translation has been approved by UNESCO;

The Receiving Institution may not:

(a)  use  or  permit others to use CDS/ISIS for commercial  or  profit-making purposes;

(b)  make copies or translations of CDS/ISIS and the related manuals obtained by UNESCO except as provided above;

(c)  make  a  alterations in or  dissemble any of the  CDS/ISIS  programs  or portions  thereof and in particular, erase, replace or modify any  copyright notice displayed by the programs during their execution;

(d)  sublicense,  assign  or transfer the license, sell, lease or  grant  any right on CDS/ISIS to other parties;

(e)  Transmit CDS/ISIS or portions thereof over telecommunication channels.

TERMINATION

This  agreement  which is drawn up in English, in two original  copies,  shall enter  into  force upon signature by both parties, each  party  retaining  one signed copy.

It shall be effective until terminated by either party upon written notice  to that effect given to the other party.

It shall also terminate if the receiving institution falls to comply with  any terms or conditions set forth in this agreement.

The  receiving  institution agrees upon such termination to  destroy  CDS/ISIS together  with all copies it has made and that it shall no longer receive  any new copy of CDS/ISIS which UNESCO might develop or produce thenceforth.

WARRANTY AND LIABILITY

UNESCO provides CDS/ISIS "as is" without warranty of any kind either expressed or  implied, including, but not limited to the suitability of CDS/ISIS  for  a particular  purpose.  The  entire risk as to the quality  and  performance  of CDS/ISIS is with the receiving institution.

In no event will UNESCO or the distributor be liable to the receiving institution for any damages, including lost savings or other incidental or consequential damages arising out of the use or inability to use CDS/ISIS.

Any  dispute between the parties to this agreement concerning the  interpretation  or  application thereof, which is not settled by negotiation,  shall  be settled by arbitration.

Signed at ______________________________________________ this _______ day of _____________ 20___

by _______________________________________________________________________________________

for _______________________________________________________________________________________

(Name of receiving institution)

Signed at                                     NEW DELHI                                    this _______ day of _____________ 20

By Vimal Kumar Varun, Scientist ‘E’

for Department of Scientific & Industrial Research, Technology Bhavan, New Delhi - 110 016

Tel: 26866123, 26590282      Email: vkv@nic.in Fax: 011 26960629