V.K. Shridhar, Member. ‑ The applicant has entered into a Software License and Maintenance Agreement (SLMA) with Indian Commodity and Exchange Limited (ICEL) on 27-3-2009. Under the agreement the applicant has allowed ICEL to use the software product called 'Licensed Programme' owned by it. The Licensed Programme shall be developed and installed into the computer machines designated by ICEL as envisaged in the Implementation Plan. As use of the Licensed Programme would require training, the applicant is to deploy its personnel to the designated site to train the employees of ICEL. After the installation is over and the software is given a line cutover, the applicant is required to provide at its own cost, maintenance and support services, via a help desk which will operate 24x7 through telephone, e-mail and facsimile number to fix or bypass programme errors. For installation and implementation of the Licensed Programme, applicant shall be paid Rs. 4 crore. The software became live on 20-8-2009. The license to use the Licensed Programme is for 4 years and thereafter its renewal is left to the discretion of ICEL.

2. The applicant submits that after the installation and implement