Wisconsin Software Product Sales Agreement

State:
Multi-State
Control #:
US-13065BG
Format:
Word; 
Rich Text
Instant download

Description

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

A Wisconsin Software Product Sales Agreement is a legally binding contract between a software vendor (seller) and a buyer, outlining the terms and conditions for the sale of software products. This agreement ensures that both parties understand their rights and obligations regarding the purchase and use of software. Keywords: Wisconsin, Software Product Sales Agreement, terms and conditions, software vendor, buyer, sale, purchase, use, contract, rights, obligations. There are different types of Wisconsin Software Product Sales Agreements that can be tailored to specific needs. Here are a few examples: 1. Standard Wisconsin Software Product Sales Agreement: This type of agreement is a commonly used template that covers general terms and conditions applicable to software sales in Wisconsin. It includes sections regarding payment terms, delivery, licensing, intellectual property rights, warranties, and limitations of liability. 2. Customized Wisconsin Software Product Sales Agreement: In some cases, a software vendor may require a tailored agreement that addresses specific needs or circumstances. This type of agreement can have additional clauses related to customization, maintenance, updates, technical support, or integration services. 3. Trial or Evaluation Wisconsin Software Product Sales Agreement: Companies often provide trial versions or evaluation periods for potential buyers to test the software before committing to a purchase. This agreement outlines the terms and conditions specific to the trial or evaluation period, including restrictions on usage, termination clauses, and intellectual property rights. 4. Subscription-based Wisconsin Software Product Sales Agreement: For software products offered on a subscription basis, such as Software as a Service (SaaS), a subscription agreement is used. This type of agreement covers the payment terms, access privileges, service levels, data privacy, and termination conditions associated with the subscription. 5. Reseller or Distribution Wisconsin Software Product Sales Agreement: In cases where a software vendor sells their products through resellers or distributors, a reseller agreement is used. This agreement defines the relationship between the software vendor and the reseller, including pricing, marketing, support, and revenue-sharing arrangements. It is important for both the software vendor and the buyer to carefully review and negotiate the terms of the Wisconsin Software Product Sales Agreement to ensure that they are fully protected and can conduct business in a fair and mutually beneficial manner. Consulting with legal professionals familiar with software licensing and sales in Wisconsin are highly recommended drafting or review such agreements.

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FAQ

Each license is a separate sale of tangible personal property. 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.

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.

Traditional Goods or Services Goods that are subject to sales tax in Wisconsin include physical property, like furniture, home appliances, and motor vehicles. Prescription medicine, groceries, and gasoline are all tax-exempt.

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.

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).

Charges for prewritten computer software that is downloaded to the customer's equipment (or equipment that the customer has access to and control over) in Wisconsin are taxable.

A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. A software license agreement also defines and protects the rights of the parties involved in a clear and concise manner.

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).

More info

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Wisconsin Software Product Sales Agreement