Arizona Software Distribution and Maintenance Agreement

State:
Multi-State
Control #:
US-13020BG
Format:
Word; 
Rich Text
Instant download

Description

This non-exclusive, limited territory agreement authorizes a distributor to market and distribute a product, either as a reseller or an original equipment manufacturer (OEM).

The Arizona Software Distribution and Maintenance Agreement is a legal contract entered into between a software developer or vendor and a distributor or reseller located in Arizona. This agreement outlines the terms and conditions governing the distribution and maintenance of the software in Arizona. The primary purpose of this agreement is to establish a mutually beneficial relationship between the software developers and distributors, ensuring the smooth distribution, marketing, and support of the software product within the state of Arizona. It provides clarity on the rights and responsibilities of both parties involved. The Arizona Software Distribution and Maintenance Agreement typically includes key provisions such as: 1. Grant of License: This section outlines the scope of the license granted by the software developer to the distributor. It specifies whether the license is exclusive or non-exclusive and the rights and limitations associated with it. 2. Distribution Obligations: This section defines the distributor's obligations, including the marketing, promotion, and sale of the software within Arizona. It may include requirements for advertising, pricing, and support services. 3. Intellectual Property: This clause addresses the intellectual property rights associated with the software. It ensures that the distributor acknowledges the software developer's ownership and agrees not to infringe upon any intellectual property rights during the distribution process. 4. Maintenance and Support: This section outlines the responsibilities of both parties concerning software maintenance and technical support. It may include provisions for bug fixes, updates, upgrades, and customer support services. 5. Payment Terms: This clause specifies the payment terms, including the pricing structure, royalties or commission rates, and payment schedule. It also covers any additional fees or expenses incurred during the distribution and maintenance process. 6. Confidentiality: This provision ensures that both parties maintain the confidentiality of proprietary information exchanged during the agreement, protecting trade secrets, customer data, or any other sensitive information. 7. Term and Termination: This section defines the duration of the agreement and the circumstances under which either party can terminate the agreement. It may specify notice periods and provisions for termination for breach or non-compliance. 8. Dispute Resolution: This clause addresses the resolution of any disputes that may arise during the agreement. It may require the parties to enter mediation or arbitration before pursuing legal remedies. Different types or variations of the Arizona Software Distribution and Maintenance Agreement could exist, depending on the specific needs and requirements of the parties involved. These variations could include agreements tailored for different software products, specific markets, or licensing models (such as subscription-based or perpetual licenses). In conclusion, the Arizona Software Distribution and Maintenance Agreement is a crucial legal document that allows software developers to establish distribution channels within Arizona while ensuring compliance with relevant laws and regulations. It provides a framework for the smooth distribution, marketing, and ongoing support of software products while protecting the rights and interests of both developers and distributors.

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FAQ

Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in Arizona.

A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.

In Arizona, certain items may be exempt from the sales tax to all consumers, not just tax-exempt purchasers. Some examples of exceptions to the sales tax are certain types of groceries, some medical devices, certain prescription medications, and any machinery and chemicals which are used in research and development.

California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.

A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.

Taxpayer's proceeds from software maintenance is subject to tax under A.R.S. § 42-5061 unless an exemption applies.

Traditional Goods or ServicesPurchases of physical property like furniture, home appliances, and motor vehicles, are subject to sales tax in Arizona. Arizona does not charge sales tax on the purchase of groceries, prescription medicine, or gasoline.

200cA Software License Agreement is a contract that allows a licensee to use software, but not own it. The software maker keeps some rights that the licensee doesn't get, like continuing to sell the software to others and granting the licensee permission to use the software on a lone computer.

A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. A software license agreement also defines and protects the rights of the parties involved in a clear and concise manner.

A software license is a document that provides legally binding guidelines for the use and distribution of software. Software licenses typically provide end users with the right to one or more copies of the software without violating copyrights.

More info

By HW CLASSEN · 1996 · Cited by 42 ? n40 Damages for such fraud may include the amount paid under the license agreement minus any benefits obtained; the cost of cover; extra labor expenses; the ...93 pages by HW CLASSEN · 1996 · Cited by 42 ? n40 Damages for such fraud may include the amount paid under the license agreement minus any benefits obtained; the cost of cover; extra labor expenses; the ... Who are the parties in the software distribution channel? User; Software Developer; Independent Contractor/Agent; Distributor; Dealer; Value Added Reseller (VAR) ...The State of Arizona, State Procurement Office, is requesting proposals2.1.3.3.1 Reseller shall provide COTS software, and software maintenance of new.215 pages The State of Arizona, State Procurement Office, is requesting proposals2.1.3.3.1 Reseller shall provide COTS software, and software maintenance of new. This Agreement is to provide a framework and guidelines to promote coordinated decision making in planning, development, construction, maintenance and ...14 pages This Agreement is to provide a framework and guidelines to promote coordinated decision making in planning, development, construction, maintenance and ... The $103,933.83 is for the maintenance renewal and includes a 20%Service and Maintenance Agreement and Contract C-4525 Limited Software ... UA Software Licensing serves the University of Arizona campus community by providingEnsure compliancy of the software license contracts and processes. When requesting software installation on NAU owned devices a proof of purchase of the requested software package must be provided at the time of the ... Software piracy is the illegal copying, distribution, or use of software.You agree to the licensing agreement when you open the software package (this ... Computer software agreements. A. The director may enter into agreements on behalf of this state with private entities for the distribution, licensing, ... Company agrees that Company will provide telephone support to Distributor to report problems in the use of the Products and to seek assistance with regard to ...

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Arizona Software Distribution and Maintenance Agreement