California Software and Product Support Agreement

State:
Multi-State
Control #:
US-13110BG
Format:
Word; 
Rich Text
Instant download

Description

Generally technical support or break/fix services that are delivered for specific software products. Software support services typically include remote troubleshooting capabilities, installation assistance and basic usability assistance.

California Software and Product Support Agreement is a legally binding contract between a software provider and a customer that outlines the terms and conditions of software support and maintenance services provided by the software provider in the state of California. This agreement ensures that the software and products remain operational, supported, and maintained throughout their lifetime. The California Software and Product Support Agreement typically includes the following key elements: 1. Scope of Services: This section details the specific software support and maintenance services that will be provided by the software provider. It may include services such as bug fixes, software updates, troubleshooting, technical support, and help desk assistance. 2. Service Level Agreement (SLA): The SLA outlines the performance metrics and standards that the software provider agrees to meet. It includes response times, resolution times, uptime guarantees, and other important service-level commitments. 3. Customer Obligations: This section defines the responsibilities and obligations of the customer, such as providing necessary hardware, network infrastructure, and personnel to support the software. It may also include requirements for proper usage, data backups, and adherence to licensing terms. 4. Fees and Payment Terms: The agreement specifies the fees associated with the software support and maintenance services. It outlines the payment terms, billing frequency, and any additional costs, such as optional training or consulting services. 5. Term and Termination: This section establishes the duration of the agreement and the circumstances under which either party can terminate the contract. It may include provisions for early termination, renewal options, and notice periods. 6. Intellectual Property Rights: This clause defines the intellectual property ownership of the software and related materials. It outlines the rights and restrictions regarding the use, modification, and distribution of the software. There are different types of California Software and Product Support Agreements tailored for various industries or specific software types, including: 1. Enterprise Software Support Agreement: This agreement is designed for large businesses that utilize complex, enterprise-level software solutions. It focuses on extensive technical support, system integration, and customization requirements. 2. SaaS (Software as a Service) Support Agreement: SaaS providers often offer a specific agreement that covers the support and maintenance services associated with their cloud-based software solutions. This agreement typically includes provisions for availability, performance, and data security. 3. Software Maintenance Agreement: This type of agreement specifically focuses on the ongoing maintenance and support of software, including bug fixes, patches, version updates, and security enhancements. In conclusion, the California Software and Product Support Agreement is a comprehensive contract that outlines the rights, responsibilities, and obligations of both the software provider and the customer, ensuring a smooth and reliable software support and maintenance process within the state of California.

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FAQ

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.

Repair labor is not taxable.

Sales of are exempt from the sales tax in California. Sales of parts purchased for use in performing service under optional maintenance contracts are subject to sales tax in California.

The charge for a software maintenance contract, which provides updates and future releases, is a contract for the sale of tangible personal property and is taxable.

SaaS is not considered taxable in California when there is no transfer of tangible personal property. This means that if you simply allow your Californai customers to remotely access your SaaS software then you are not required to register for a sales tax permit and collect California sales tax.

Support and Maintenance Agreement means an Agreement for the provision of support and maintenance services in respect of one or more Products.

Sections to Be Included in a Product Maintenance and Repair AgreementProvider and buyer contact information.Definitions of common terms.General service terms and specifications.Response time and returns procedure.Support conditions and obligations.Service exclusions.Price, Invoicing, and Payment terms.More items...

A maintenance agreement outlines the steps one party will undertake to insure the upkeep, repair, serviceability of another party's property. Maintenance contracts are commonly used by companies that take care of vehicle fleets, industrial equipment, office and apartment buildings, computer networks, etc.

A support agreement is just that; a way that we agree to work together with you to best support your business. The agreement outlines what services we will provide, how we will provide them, the service levels that you can expect from us and the associated costs.

AMC is a maintenance contract or an insurance policy for your technological advancement. It is a software update service for which your company has to pay annually, to the software provider.

More info

1.1 ?SCALABLE? means SCALABLE Network Technologies, Inc., a California corporation,1.11 ?Licensed Product? means the Software and the Documentation.4 pages 1.1 ?SCALABLE? means SCALABLE Network Technologies, Inc., a California corporation,1.11 ?Licensed Product? means the Software and the Documentation. The term ?programs? refers to the software products owned orThe term ?services? refers to technical support, education, hosted/outsourcing services, ...10 pages The term ?programs? refers to the software products owned orThe term ?services? refers to technical support, education, hosted/outsourcing services, ...Ancillary Software? means software licensed by ServiceNow to Customer that is deployed on machines operated by or for Customer to facilitate operation of the ...27 pages ?Ancillary Software? means software licensed by ServiceNow to Customer that is deployed on machines operated by or for Customer to facilitate operation of the ... The software used with the Support Services may connect to Microsoft and other service providers over a data connection (e.g. the internet or a wireless carrier) ... This document explains how the agreement is made up, and sets out some of theprecedence in relation to that Service or that component of the Software. Further, Subscriber shall not use the API or any Software in such a way to circumvent applicable Service Plan restrictions or Agent licensing restrictions that ... 05-Jan-2022 ? To the extent that applicable local law prevents certain disputes from being resolved in a California court, then you can file those disputes in ... 20-Sept-2021 ? To confirm your understanding and acceptance of the Agreement, click ?Agree.?However, if you are a customer of Apple Distribution ... B. Hardware. If a Support Team engineer confirms the Customer-reported Error in a Hardware unit (each such unit, ?Suspect Hardware?), and approves the RMA ...

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California Software and Product Support Agreement