A software sales agreement, specifically for Oklahoma, is a legally binding contract between a software vendor or developer and a customer residing in Oklahoma. It outlines the terms and conditions governing the purchase, licensing, and use of software products within the state. This agreement typically includes the following key components: 1. Parties: The agreement identifies and provides contact information for both the software vendor/developer (referred to as the "licensor") and the customer (referred to as the "licensee"). 2. Software Description: The agreement details the software product(s) being sold, specifying their features and functionalities. This may vary depending on the type of software, such as enterprise software, SaaS (Software as a Service), or off-the-shelf applications. 3. License Grant: This section outlines the specific rights granted to the licensee, such as the scope of use, number of authorized users, and any usage limitations or restrictions. It may also address upgrades, updates, or maintenance services provided by the licensor. 4. Payment Terms: The agreement specifies the total cost of the software, payment methods, and schedule, including any recurring fees for subscriptions or support services. It may also cover late payment penalties or interest charges. 5. Delivery and Acceptance: If applicable, it defines the delivery method and terms for the software, along with the acceptance criteria for the customer. This is especially relevant when dealing with physical media or custom-developed software. 6. Intellectual Property Rights: This section addresses the ownership of intellectual property rights associated with the software, ensuring that the licensor retains sole ownership or grants specific rights to the licensee. It may also include confidentiality provisions to protect trade secrets or proprietary information. 7. Limitation of Liability: Both parties' responsibilities and liabilities are outlined in this section, covering various scenarios such as software malfunctions, breaches of warranties, or data loss. It may include disclaimers of warranties or indemnification clauses. 8. Term and Termination: The agreement sets the duration of the contract, including the start date and any renewal terms or termination conditions. It outlines the process for termination by either party and may include provisions for data transfer or deletion upon termination. Different types of Oklahoma Software Sales Agreements include industry-specific agreements tailored to the unique needs of sectors such as healthcare, finance, or manufacturing. Additionally, there may be variations in the agreement based on the size and complexity of the software being sold, ranging from simple off-the-shelf software agreements to more elaborate enterprise software agreements involving multiple modules or customizations. Keywords: Oklahoma, software sales agreement, contract, software vendor, developer, customer, purchase, licensing, use, software product, enterprise software, SaaS, off-the-shelf applications, license grant, payment terms, delivery, acceptance, intellectual property rights, limitation of liability, term, termination, industry-specific, healthcare, finance, manufacturing, software agreements, off-the-shelf software, enterprise software agreement, customizations.
Oklahoma Software Sales Agreement
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How to fill out Oklahoma Software Sales Agreement?
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FAQ
Sales of janitorial services are exempt from the sales tax in Oklahoma.
Some goods are exempt from sales tax under Oklahoma law. Examples include purchases made with food stamps, prescription drugs, and some manufacturing equipment.
Sales Tax Exemptions in Oklahoma Some examples of items which the state exempts from tax charges are certain medical prescriptions, some items used in the agricultural industry, cable television services, meals or foodstuff used in furnishing meals for school children, and newsprint paper.
The Oklahoma tax code specifically exempts the sales of customized computer software programs from sales taxes. Sales of custom software programs qualify for the Oklahoma sales tax exemption for software because they are considered service transactions instead of sales of tangible personal property.
Oklahoma does not require businesses to collect sales tax on the sale of digital goods or services. However, Oklahoma has one exception to this policy. Businesses must collect sales tax on pre-written computer software that is sold online.
By statute, Oklahoma law exempts from sales tax prewritten software delivered to a customer electronically. Oklahoma's regulations provide that this exemption includes optional software maintenance contracts under which prewritten upgrades are delivered to customers by means other than tangible storage media.
Services in Oklahoma are generally not taxable. However if the service you provide includes creating or manufacturing a product for sale, you may have to deal with the sales tax on products.
Contractors are defined by statute as consumer/users and must pay sales tax on all taxable services and tangible personal property, including materials, supplies, and equipment purchased to develop, repair, alter, remodel, and improve real property.