Wisconsin Software Distribution and Maintenance Agreement

State:
Multi-State
Control #:
US-13020BG
Format:
Word; 
Rich Text
Instant download

Description

This non-exclusive, limited territory agreement authorizes a distributor to market and distribute a product, either as a reseller or an original equipment manufacturer (OEM).

Wisconsin Software Distribution and Maintenance Agreement (WSD MA) is a legal contract that outlines the terms and conditions for the distribution and maintenance of software in the state of Wisconsin in the United States. This agreement is crucial for software developers and distributors as it helps establish a clear understanding between the parties involved regarding the distribution and ongoing maintenance of software products. The WSD MA covers various aspects related to software distribution and maintenance, ensuring that all requirements and responsibilities are clearly defined and agreed upon. It addresses key elements such as the scope of the agreement, licensing terms, distribution obligations, support and maintenance services, intellectual property rights, warranties, confidentiality, termination, and dispute resolution. There are different types of Wisconsin Software Distribution and Maintenance Agreements, each catering to specific scenarios and requirements. Some common variations include: 1. Standard WSD MA: This agreement is typically used when a software developer or distributor wishes to distribute their software products to customers or businesses located within Wisconsin. It covers the general terms and conditions governing software distribution and maintenance. 2. Exclusive WSD MA: In some cases, software developers may grant exclusive distribution rights to a particular distributor in Wisconsin. This type of agreement ensures that only the designated distributor has the right to distribute and maintain the software within the state. 3. Non-Exclusive WSD MA: This agreement allows software developers to engage multiple distributors in Wisconsin simultaneously. It allows for broader distribution channels and may be suitable for software products with a wide target audience or those requiring extensive market penetration. 4. Maintenance-Only WSD MA: In situations where the software is already distributed and the agreement focuses solely on the ongoing maintenance and support services, a maintenance-only WSD MA can be utilized. This type of agreement outlines the terms and conditions for providing updates, bug fixes, technical support, and other related services. It is essential for all parties involved, including software developers, distributors, and end-users, to carefully review and understand the terms outlined in the Wisconsin Software Distribution and Maintenance Agreement. This legal document ensures a harmonious business relationship, protects intellectual property rights, establishes customer expectations, and provides a framework for resolving potential disputes.

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FAQ

Service fees for the installation of software are subject to sales tax. Moreover, charges for software maintenance services including delivery of updates for prewritten software are generally taxable. However, maintenance contracts that only provide support services for canned software are not taxable.

Because of changes in the federal tax law, as of January 1st, 2019 the way alimony (spousal support) was taxed changed significantly. Under the current law, the person receiving alimony does not pay taxes, and the payer must pay income tax.

Section 77.52 (2) (a) 13m., Stats., imposes Wisconsin sales tax on the sale of contracts, including service contracts, maintenance agreements, computer software maintenance contracts for prewritten computer software, and warranties, that provide, in whole or in part, for the future performance of or payment for the

Your purchase of a service contract is subject to Wisconsin sales tax if your purchase of the property covered by the service contract is subject to Wisconsin sales tax.

Prescription medicine, groceries, and gasoline are all tax-exempt. Some services in Wisconsin are subject to sales tax.

The purchase price of the prewritten computer software is not allocated; the sale of each license is taxable or not taxable to Wisconsin, depending on where it was delivered. Software as a Service (SaaS) is not treated as the sale or license of software.

The sale, lease, or license of computer software, except custom computer software, in Wisconsin is subject to Wisconsin sales or use tax unless an exemption applies, regardless of how it is delivered to the customer (diskette vs. electronically).

Maintenance agreements provide routine maintenance, access to emergency repairs, and constant upgrades to software and your system's hardware. More importantly, the agreement make you a priority and allows you to build a relationship with your maintenance provider.

A service maintenance contract is a legal agreement between a company and a maintenance service provider. It specifies the terms and conditions of the agreement between the two parties.

A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.

More info

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Wisconsin Software Distribution and Maintenance Agreement