Connecticut Software Product Sales Agreement

State:
Multi-State
Control #:
US-13065BG
Format:
Word; 
Rich Text
Instant download

Description

This sample is a detailed Software Product Sales Agreement document for use in the computer, internet and/or software industries.

Connecticut Software Product Sales Agreement is a legally binding contract that outlines the terms and conditions agreed upon by the parties involved in the sale of software products in the state of Connecticut. This agreement is designed to protect the rights and interests of both the software vendor and the buyer and ensures that the sales transaction is carried out smoothly. The Connecticut Software Product Sales Agreement typically includes the following key provisions: 1. Parties: The agreement identifies the parties involved in the sale, namely the software vendor (seller) and the buyer (often referred to as the licensee). 2. Software Description: It provides a detailed description of the software product being sold, including its functionality, features, and any limitations or restrictions. 3. License Grant: This section specifies the scope and limitations of the license granted to the buyer, outlining the permitted uses and any restrictions on copying, modification, or redistribution of the software. 4. Payment Terms: The agreement sets forth the payment terms, including the purchase price, payment schedule, and any applicable taxes or fees. 5. Delivery and Acceptance: It covers the delivery method of the software product and the procedures for acceptance, such as testing or inspection, to ensure the software meets the buyer's requirements. 6. Intellectual Property Rights: This provision specifies that the software vendor retains all intellectual property rights to the software, granting the buyer only a limited, non-exclusive license. 7. Support and Maintenance: The agreement may outline the vendor's obligations to provide technical support, updates, or maintenance services, including any associated fees or service level agreements. 8. Warranties and Disclaimers: It includes any warranties provided by the software vendor, such as the software's fitness for a particular purpose, as well as any disclaimers of liability for damages resulting from the software's use. 9. Confidentiality: This section establishes that both parties will keep any confidential information exchanged during the sale confidential and may include provisions on non-disclosure and non-compete clauses. 10. Termination: The agreement sets out the conditions under which either party may terminate the agreement, including breach of contract, non-payment, or violation of the license terms. 11. Governing Law and Jurisdiction: The choice of law determines which state's laws will govern the agreement, and the jurisdiction clause determines the court or arbitration venue for resolving disputes. Types of Connecticut Software Product Sales Agreements may include variations based on factors such as the complexity of the software, the licensing model (perpetual or subscription-based), or the specific industry in which the software is used (e.g., healthcare, finance, or manufacturing). Each type may have specific clauses or terms tailored to meet the unique requirements of the software and the parties involved.

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FAQ

Food products sold through coin-operated vending machines, meals delivered to the elderly, disabled or homebound, and purchases made with supplemental nutrition assistance program benefits also are exempt from tax. Conn.

Generally, a business has nexus in Connecticut when it has a physical presence there, such as a retail store, warehouse, inventory, or the regular presence of traveling salespeople or representatives. However, out-of-state sellers can also establish nexus in the ways described below.

Sales of canned software - delivered on tangible media are subject to sales tax in Connecticut. In the state of Connecticut, so long as no tangible personal property was delivered to the buyer in addition to downloaded software, the software will be taxed at 1% rate applicable to computer and data processing services.

Sales of canned software - delivered on tangible media are subject to sales tax in Connecticut. In the state of Connecticut, so long as no tangible personal property was delivered to the buyer in addition to downloaded software, the software will be taxed at 1% rate applicable to computer and data processing services.

Additionally, software subscriptions services are considered tangible property and are subject to sales and use taxes.

Categorized as computer and data processing services, digital goods and services are currently subject to a 1 percent sales and use tax rate. As of October 1, 2019, the full Connecticut state sales tax rate of 6.35 percent will apply.

Canned or prewritten computer software is tangible personal property. The sale, leasing, or licensing of the software (including upgrades) is taxable at 6%.

Connecticut advises that software delivered electronically and data processing services are taxable. This includes software offered through a subscription service. SaaS falls within computer and data processing services, which is taxable at a reduced rate.

More info

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Connecticut Software Product Sales Agreement