Moral Rights

The parties acknowledge that, under applicable Indian law (Indian Copyright Act 1957 s.57), the author of a work retains certain special (moral) rights, including the right to claim authorship and the right to restrain or claim damages in respect of distortion, mutilation, modification, or other act in relation to the work that would be prejudicial to the author's honor or reputation, and that these rights are personal to the author and are not capable of being fully assigned or wholly waived. Accordingly, this Agreement does not purport to assign or extinguish such moral rights. Instead, to the maximum extent permitted by applicable law, Vendor (and, where Vendor procures the same from its personnel) covenants not to assert any such moral rights so as to prevent, restrict, or interfere with: (a) Client's use, reproduction, modification, adaptation, translation, combination, or creation of derivative works from the Deliverables; (b) Client's distribution, sublicensing, or commercial exploitation of the Deliverables; and (c) the development, maintenance, and improvement of the Deliverables by Client or its successors. Vendor further consents in advance to the modifications and uses described in this Agreement and acknowledges that ordinary modification of software in the course of its development and maintenance is not intended by the parties to be prejudicial to the author's honor or reputation. Vendor represents and warrants that it has obtained, or will obtain before the relevant individual contributes to the Services, from each individual author of any Deliverable an enforceable covenant not to assert moral rights and advance consent to modification on terms consistent with this clause, as further provided in USI_IP_05.