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Georgia Author Oriented Software Royalty and License Agreement Regarding a Computer Program for use on Personal Computer

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US-13156BG
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This form is a detailed Author Oriented Software Royalty and License Agreement, and is for use in the computer, internet and/or software industries.

Georgia Author Oriented Software Royalty and License Agreement Regarding a Computer Program for use on Personal Computer Introduction: The Georgia Author Oriented Software Royalty and License Agreement (GLORIA) is a legal document defining the terms and conditions for the use of a computer program on a personal computer. This agreement is specifically tailored to protect the interests of authors and creators of software applications in Georgia. It ensures the fair and legal distribution of the software while securing the intellectual property rights of the program's author. Key Features: 1. Royalty Agreement: The GLORIA establishes the royalty payment terms and conditions between the author and the licensee. It specifies the percentage or fixed amount to be paid by the licensee to the author for every sale, distribution, or use of the computer program on personal computers. 2. License Terms: This agreement outlines the specific terms and conditions under which the licensee is granted the right to use the software. It includes information on the permitted number of installations, users, and locations, ensuring compliance with the author's licensing requirements. 3. Intellectual Property Protection: The GLORIA includes provisions that protect the author's intellectual property rights. It prohibits the licensee from copying, modifying, reverse engineering, or distributing the program without explicit authorization from the author. This safeguards the program's uniqueness and prevents unauthorized use or reproduction. 4. Software Updates and Upgrades: The agreement may include clauses concerning software updates and upgrades. It specifies whether the author is obligated to provide updates and upgrades to the licensed software, and if so, under what conditions and at what cost. 5. Limitation of Liability: This clause defines the limitations of the author's liability regarding the software's performance or any damages caused by its use. It clarifies that the author is not accountable for any loss, injury, or harm resulting from the use or inability to use the program. Types of Georgia Author Oriented Software Royalty and License Agreement: 1. Standard License Agreement: The standard GLORIA caters to the general distribution and licensing requirements of software applications developed by authors in Georgia. It covers the essential elements of a typical software royalty and license agreement. 2. Customized License Agreements: In some cases, authors may require personalized license agreements to meet specific terms, conditions, or unique licensing models. These agreements may involve additional clauses or modifications to the standard agreement, addressing specific needs or scenarios. Conclusion: The Georgia Author Oriented Software Royalty and License Agreement serves as a crucial legal framework for authors and creators of software programs in Georgia. It provides necessary protection, outlines licensing terms, and ensures the fair compensation of authors for their intellectual property rights. By establishing a clear understanding between the author and the licensee, this agreement facilitates the secure and lawful distribution of software programs for personal computer use.

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FAQ

Georgia exempts sales and use taxes on a wide range of expenditures made by manufacturers. These include purchases of the following if they are integral to the manufacturing process: Machinery and equipment. Repair and replacement parts.

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.

The SSUTA defines canned software, whether delivered on a tangible format or electronically, as tangible personal property.

Requirements for prewritten software are still subject to sales and use tax regardless of the method of delivery (whether with a physical medium, downloadable or accessed via the Internet) or if possession or control is given.

Computer software delivered electronically is not a sale of tangible personal property and therefore is not subject to sales and use tax.

According to the Georgia Budget and Policy Institute, sales of items like digital downloads are not taxed because lawmakers have not proactively updated the tax code to include them. H.B. 594 would rectify that if enacted, though whether the measure has the support needed to become law remains to be seen.

Sales of digital products are exempt from the sales tax in Georgia.

Sales of custom software - delivered on tangible media are exempt from the sales tax in Georgia. Sales of custom software - downloaded are exempt from the sales tax in Georgia.

Georgia does not impose sales and use tax on SaaS, cloud-based services or hosting services. Prewritten computer software, delivered either electronically or through load and leave is also not subject to tax in the state, nor are computer related services, including information and data processing services.

While most services are exempt from tax, Georgia does tax the sale of accommodations, in-state transportation of individuals (e.g., taxis, limos), sales of admissions, and charges for participation in games and amusement activities.

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Georgia Author Oriented Software Royalty and License Agreement Regarding a Computer Program for use on Personal Computer