A West Virginia Non-Exclusive Software Reseller Agreement is a legally binding contract between a software developer or owner (the "Provider") and a reseller (the "Reseller") based in West Virginia. This agreement allows the Reseller to sell and distribute the Provider's software products within the designated territory, while the Provider retains ownership of the software. The purpose of this agreement is to establish the terms and conditions under which the Reseller can market, promote, and sell the software products to customers within West Virginia. It outlines the rights and responsibilities of both parties and serves as a framework to ensure a mutually beneficial relationship. Key elements of a West Virginia Non-Exclusive Software Reseller Agreement often include the following: 1. Territory: The defined geographic area in West Virginia where the Reseller has the exclusive rights to sell and distribute the software products. 2. Non-Exclusive Rights: The Provider grants the Reseller non-exclusive rights to sell the software products within the designated territory. This means that the Provider can engage other resellers or sell the software directly without breaching the agreement. 3. Pricing and Payment Terms: The agreement specifies the pricing structure and payment terms between the Provider and the Reseller. This includes information on the Reseller's commission, payment schedule, and any additional fees or discounts. 4. Intellectual Property: The agreement outlines that the software products and associated intellectual property rights are owned by the Provider. It also prohibits the Reseller from reverse engineering, modifying, or duplicating the software without explicit permission. 5. Marketing and Promotion: The agreement may include guidelines or requirements for the Reseller's marketing and promotional activities, such as using approved branding materials, maintaining a certain level of customer support, or adhering to the Provider's marketing strategy. Different types of West Virginia Non-Exclusive Software Reseller Agreements can exist based on factors such as the software industry, target market, or specific terms agreed upon between the Provider and the Reseller. Some common variations include: 1. Enterprise Software Reseller Agreement: This type of agreement focuses on the distribution of software products designed for businesses and organizations rather than individual consumers. 2. Cloud-Based Software Reseller Agreement: As cloud-based software becomes more prevalent, Resellers may enter into agreements specifically for selling and distributing such products. 3. Vertical-Specific Software Reseller Agreement: In certain industries, such as healthcare or finance, Resellers may specialize in selling software tailored to meet the unique needs of those sectors. Overall, a West Virginia Non-Exclusive Software Reseller Agreement provides a legal framework for software distribution, protecting both the Provider and the Reseller's rights while facilitating a mutually beneficial business relationship.