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P.V.REDDI, J.KHOSLA
Justice P.V. Reddi, Chairman. - The applicant is a company incorporated under the laws of Japan engaged in the business of providing ‘Products Lifecycle Management’ software solutions, applications and services. The applicant markets the licensed software products mostly through a distribution channel comprising Value Added Resellers (VARs). It is stated that VARs are independent third party resellers who are in the business of selling software to end users. To authorize a VAR to act as the reseller of Products, the applicant enters into a General VAR Agreement (‘GVA’). The applicant states that as per the business model, the Product is sold to VAR for a consideration based on the standard list price less discount. The VAR in turn will sell such product to the end users at a price independently determined by VAR. The end-user will enter into End User License Agreement (‘EULA’) with the applicant and VAR for the product supplied. The reseller (VAR) gets the order from end-user and places a back-to-back order on the applicant. On acceptance of the order by the applicant, it will provide a license key via e-mail so that the customer will directly download the product through the
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