Indiana Application Service Provider Software License Agreement

State:
Multi-State
Control #:
US-13131BG
Format:
Word; 
Rich Text
Instant download

Description

An application service provider (ASP) is a business providing computer-based services to customers over a network; such as access to a particular software application (such as customer relationship management) using a standard protocol (such as HTTP).

The Indiana Application Service Provider (ASP) Software License Agreement is a legally binding contract that establishes the terms and conditions between the software vendor and the end-user for the use of Application Service Provider software in the state of Indiana. It is important for both parties to clearly understand and agree upon the terms in order to create a mutually beneficial relationship. The ASP Software License Agreement outlines the rights and responsibilities of both the software vendor and the end-user. It covers various aspects such as software licensing, usage limitations, intellectual property rights, warranties, support and maintenance, termination clauses, and dispute resolution mechanisms. Different types of Indiana ASP Software License Agreements can be categorized based on the specific nature of the software being provided. Some common variations include: 1. Standard ASP Software License Agreement: This type of agreement is used when the software vendor provides a standard set of applications or services to multiple end-users. The terms and conditions are standardized and generally apply to all clients. 2. Customized ASP Software License Agreement: In this case, the software vendor tailors the software and services according to the specific needs of individual clients. The agreement is more flexible and usually involves negotiations to accommodate the unique requirements of the end-user. 3. Vertical Market ASP Software License Agreement: This type of agreement is specific to a particular industry or market segment. The software vendor designs the applications to address the specific needs and challenges faced by organizations in that industry. 4. Cloud-Based ASP Software License Agreement: When the software and services are delivered through cloud computing, this type of agreement defines the terms and conditions for utilizing the software over the internet. It covers aspects such as data security, availability, and service level commitments. Keywords: Indiana, Application Service Provider, ASP Software License Agreement, software vendor, end-user, terms and conditions, software licensing, usage limitations, intellectual property rights, warranties, support and maintenance, termination clauses, dispute resolution, standard agreement, customized agreement, vertical market agreement, cloud-based agreement.

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FAQ

Are services subject to sales tax in Indiana? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In Indiana, services are generally not taxable.

In other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.

In other words, transactions for prewritten computer software remotely accessed from a hosted computer or server or through a pool of shared resources from multiple computers and servers (cloud computing), without having to download the software to the user's computer, are not considered retail transactions, and

In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.

Subscription products are an indirect transaction. The customer pays a subscription fee that covers the cost of goods. The thing to be mindful of is that the products are subject to sales tax. So you have to tax the goods through the monthly subscription fee.

Tangible personal property makes up the bulk of the base, although certain services, mainly utility services, transient accommodations and intrastate cable TV and telecommunications, are also taxed.

In most states, where services aren't taxable, SaaS also isn't taxable. Other states, like Washington, consider SaaS to be an example of tangible software and thus taxable. Just like with anything tax related, each state has made their own rules and laws.

Senate Bill 257 exempts remotely accessed, electronically delivered, pre-written computer software also known as software as a service, or SaaS from Indiana's 7 percent sales tax.

As a general rule, transactions involving computer software in the form of a custom program specifically designed for the purchaser are not subject to Indiana sales or use tax.

More info

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Indiana Application Service Provider Software License Agreement