Indiana Software Sales Agreement

State:
Multi-State
Control #:
US-13056BG
Format:
Word; 
Rich Text
Instant download

Description

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

The Indiana Software Sales Agreement is a legally binding contract between a software company and a purchaser or licensee based in the state of Indiana. This agreement outlines the terms and conditions under which the software products or licenses will be sold or provided. Keywords: Indiana Software Sales Agreement, contract, software company, purchaser, licensee, terms and conditions, software products, licenses. Types of Indiana Software Sales Agreement: 1. Standard Software Sales Agreement: This type of agreement is the most common and covers the sale of redeveloped software products to customers in Indiana. It includes essential elements such as payment terms, delivery, warranty, license terms, and intellectual property rights. 2. Custom Software Sales Agreement: Unlike the standard agreement, this type of agreement is tailored to address the sale of customized or bespoke software solutions. It typically involves a software development company creating a software product specifically for a customer's unique needs. 3. SaaS Agreement: SaaS (Software as a Service) agreements are becoming increasingly popular. This type of agreement outlines the terms for the use of software applications hosted by the software provider and accessed by the customer via the internet. It covers subscription plans, service-level agreements, data security, and other relevant terms. 4. Reseller Agreement: In cases where software companies utilize resellers or distributors to sell their products in Indiana, a reseller agreement is required. This agreement defines the relationship between the software company and the authorized reseller, including obligations, pricing, marketing support, and territory restrictions. 5. Maintenance and Support Agreement: This type of agreement usually accompanies the sale of software licenses and ensures ongoing software maintenance, bug fixes, updates, and technical support. It specifies the level of support to be provided, response times, and any associated fees. 6. Evaluation Agreement: Sometimes referred to as a trial or beta agreement, this type of agreement governs the evaluation or trial use of software products before final purchase. It outlines the terms for using the software on a trial basis, restrictions on redistribution, confidentiality, and any fees for extended evaluation periods. It is essential to understand the specific type of Indiana Software Sales Agreement that applies to your business to ensure it adequately reflects your needs and protects your interests as a software company or purchaser/licensee. Consulting with legal professionals specializing in software sales agreements is advisable to ensure compliance with Indiana laws and regulations.

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FAQ

The cost of the downloaded software is incidental (less than 10% of the total price of the transaction) to the service, so the transaction with the business customer is exempt from sales tax. The service provider, however, is subject to Indiana sales/use tax on the purchase of this software.

The Indiana Department of Revenue is set to start enforcing a law passed in 2017 on Oct. 1. If you buy products online from out-of-state companies, you'll be charged the state's 7 percent sales tax. The law lets the state collect the sales tax from online retailers even if they don't have a physical store in Indiana.

What's the threshold for economic nexus law in Indiana? Threshold: $100,000 in gross revenue in the previous calendar year, or makes sales into Indiana in more than 200 separate transactions in the previous calendar year.

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

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.

Making good on his State of the State promise to provide clarity on the previously murky topic of software-as-a-service (SaaS) and its sales tax status, today Governor Holcomb signed Senate Bill 257 into law.

Indiana Tax NexusGenerally, a business has nexus in Indiana 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.

Generally, purchases of tangible personal property, accommodations, or utilities made directly by Indiana state and local government entities are exempt from sales tax.

Indiana Tax NexusGenerally, a business has nexus in Indiana 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.

The term "nexus" is used in tax law to describe a situation in which a business has a tax presence in a particular state. A nexus is basically a connection between the taxing authority and an entity that must collect or pay the tax.

More info

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Indiana Software Sales Agreement