The North Carolina Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software is a legally binding contract that governs the relationship between a licensor and a dealer for the sale of various technology-related products and services. This agreement outlines the terms and conditions under which the licensor grants the dealer the right to sell their computers, internet services, or software within the state of North Carolina. The agreement typically includes key elements such as: 1. Parties involved: Identification and contact information of both the licensor and the dealer. 2. Recitals: A preamble that provides an overview of the agreement, stating the intention of the parties to grant the dealer the necessary rights and responsibilities to market, sell, and distribute the specified products and services. 3. Definitions: Clear definitions of technical terms and phrases used throughout the agreement to ensure mutual understanding. 4. Grant of rights: Specifies the scope of rights and licenses granted by the licensor to the dealer. This includes the right to market, distribute, and sell the licensed products and services within the defined geographical area in North Carolina. 5. Obligations of the dealer: Outlines the responsibilities and obligations of the dealer, such as marketing and promotional activities, customer support, warranties, and adherence to the licensor's guidelines, quality standards, and sales targets. 6. Licensor's obligations: Details the obligations of the licensor, such as providing necessary training, technical support, documentation, and product updates to the dealer. 7. Pricing and payment terms: Specifies the pricing structure, payment terms, and any additional fees or commissions applicable to the sale of the products and services. 8. Intellectual property rights: Clearly defines the ownership and protection of intellectual property rights associated with the licensed products and services, emphasizing that the dealer does not acquire ownership rights over the licensed materials. 9. Confidentiality and non-disclosure: Protects sensitive information shared between the parties and prohibits the dealer from disclosing or using confidential information for any purpose other than fulfilling their obligations under the agreement. 10. Term and termination: Specifies the duration of the agreement, any renewal or termination provisions, and the procedure to be followed upon termination, including the return of unsold products, termination fees, and post-termination obligations. Examples of different types of North Carolina Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software may include specialized agreements tailored for specific industries such as computer hardware sales, software licensing, internet service provider partnerships, or reseller programs offered by technology companies. Overall, the North Carolina Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software protects the interests of both parties involved, ensures compliance with legal regulations, defines the scope of the licensor-dealer relationship, and facilitates the smooth sale and distribution of technology products and services within the state of North Carolina.
North Carolina Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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But, in most, it's a mixed bag. California exempts most software sales but taxes one type: canned software delivered on tangible personal property an actual object you can touch or hold, such as a disc. Nebraska taxes most software sales with the exception of one type: SaaS.
In the state of North Carolina, only computer software which meets certain descriptions is considered to be exempt. Sales of custom software - delivered on tangible media are exempt from the sales tax in North Carolina. Sales of custom software - downloaded are exempt from the sales tax in North Carolina.
Traditional Goods or Services Goods that are subject to sales tax in North Carolina include physical property, like furniture, home appliances, and motor vehicles. Prescription Medicine, groceries, and gasoline are all tax-exempt.
Services in North Carolina are generally not taxable, with important exceptions. If the service you provide includes creating or manufacturing a product, you may have to deal with the sales tax on products.
Based on the documentation provided, fees charged by Taxpayer on the initial sale of the software to customize the software are exempt from North Carolina sales and use tax pursuant to N.C. Gen. Stat. § 105-164.13(43).
North Carolina generally does not require sales tax on Software-as-a-Service.
The sale of electronic data products such as software, data, digital books (eBooks), mobile applications and digital images is generally not taxable (though if you provide some sort of physical copy or physical storage medium then the sale is taxable.)
In North Carolina, certain items may be exempt from the sales tax to all consumers, not just tax-exempt purchasers. Several examples of exemptions to the state sales tax are prescription medications, some types of groceries, some medical devices, and machinery and chemicals which are used in research and development.
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