Michigan Software Sales Agreement is a legally binding contract that outlines the terms and conditions of the sale of software products in the state of Michigan. This agreement aims to protect the rights and interests of both software sales organizations and their customers, ensuring a fair and transparent transaction. Key Terms: 1. Parties: The agreement identifies the parties involved, including the software sales organization (seller) and the customer (buyer). 2. Software Description: The agreement should include a detailed description of the software being sold, including its functionalities, limitations, and any specific requirements for installation and use. 3. License Grant: This section defines the scope of the license being granted to the customer, such as whether it is a perpetual or subscription-based license and any restrictions on the software's use and distribution. 4. Payment Terms: The agreement specifies the payment terms, including the purchase price, due dates, and any applicable taxes or fees. 5. Delivery and Acceptance: This section outlines the method of software delivery, whether it is physical media or electronic transfer, and defines the acceptance criteria, such as testing and certification processes. 6. Support and Maintenance: The agreement may include provisions for technical support, including the duration, availability, and contact information for support services. 7. Intellectual Property Rights: This section clarifies ownership rights, stating that the software sales organization retains all intellectual property rights and copyrights related to the software. 8. Warranty and Disclaimer: The agreement should define any warranties provided by the software sales organization and disclaim any other warranties, limiting the seller's liability in case of defects or damages. 9. Limitation of Liability: This section limits the liability of both parties in case of any direct or indirect damages resulting from the use or inability to use the software. 10. Termination: The agreement specifies the circumstances under which either party can terminate the agreement, including breach of terms, non-payment, or mutual agreement. 11. Applicable Law and Jurisdiction: The agreement determines that the laws of the state of Michigan govern the agreement and specifies the jurisdiction for legal disputes. Types of Michigan Software Sales Agreements: 1. Perpetual License Agreement: This type of agreement grants the customer unlimited access to the software with a one-time payment. 2. Subscription Agreement: This agreement allows customers to access the software for a specific period, typically renewable on a monthly or annual basis. 3. Enterprise Agreement: This type of agreement is tailored for large corporate customers, providing flexibility and volume licensing options for multiple users or locations. 4. Service Level Agreement: This supplemental agreement ensures that the software sales organization maintains a specific level of service, such as response time or availability, guaranteeing a certain quality standard. In conclusion, the Michigan Software Sales Agreement is a crucial document that outlines the terms and conditions of software sales transactions within the state. By addressing key aspects such as licenses, payments, support, warranties, and termination, this agreement establishes a fair and mutually beneficial relationship between software sales organizations and their customers.
Michigan Software Sales Agreement
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How to fill out Software Sales Agreement?
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If the contract is optional and separately itemized, it is not taxable upon sale to a customer. The servicer under the contract, however, must pay tax on any tangible personal property used to fulfill the maintenance contract. Michigan Letter Ruling 88-30.
In the state of Michigan, services are not generally considered to be taxable.
Sales of custom software - downloaded are exempt from the sales tax in Michigan. In the state of Michigan, it is considered to be exempt if it was separately stated and separately identified. Sales of digital products are exempt from the sales tax in Michigan.
Generally, charges for custom computer software are exempt from Michigan sales and use tax and fees for prewritten computer software (such as a subscription or a license) are subject to sales tax.
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.
Groceries, prescription medicine, and gasoline are all tax-exempt. Some services in Michigan are subject to sales tax.
The department noted that the right to access/use prewritten computer software (e.g., cloud computing) will generally not be subject to sales or use tax if the consumer does not receive either a copy of the software program or any part of the program's computer code.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt.
Sales of custom software - downloaded are exempt from the sales tax in Michigan. In the state of Michigan, it is considered to be exempt if it was separately stated and separately identified. Sales of digital products are exempt from the sales tax in Michigan.