A Pennsylvania Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software is a legally binding contract that outlines the terms and conditions between a Licensor and a Dealer involved in the sale of computers, internet services, or software products within the state of Pennsylvania. This agreement can be categorized into various types, such as: 1. Exclusive Licensing Agreement: This type of agreement grants the Dealer exclusive rights to sell the Licensor's computers, internet services, or software products within a specific territory of Pennsylvania. It ensures that the Licensor will not grant similar rights to other dealers in the same territory. 2. Non-Exclusive Licensing Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the Licensor to grant distribution rights to multiple dealers in Pennsylvania. This flexibility enables the Licensor to reach a wider customer base. 3. Software Development and Distribution Agreement: This agreement focuses specifically on the licensing and sale of software products. It outlines the terms of development, licensing, distribution, and payment between the Licensor and Dealer. Intellectual property ownership and restrictions on use may also be included. 4. Service-Level Agreement (SLA): In cases where the agreement involves the provision of internet services, an SLA may be incorporated. It outlines the performance standards, reliability, and support level that the Licensor will provide to the Dealer and end-users. This ensures that the internet services offered meet the agreed-upon standards. The Pennsylvania Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software usually includes the following key elements: 1. Parties Involved: Clearly states the legal names and contact information of the Licensor and the Dealer. 2. Purpose and Scope: Defines the products, services, or software that are being licensed and sold, specifying any limitations or exclusions. 3. Territory and Exclusivity: If applicable, outlines the geographic area within Pennsylvania where the Dealer has exclusive rights to sell the licensed products or services. 4. Intellectual Property: Clarifies the ownership and rights of the intellectual property associated with the computers, internet services, or software products. 5. License Grant: Describes the scope of the license being granted to the Dealer, including usage rights, restrictions, and any conditions. 6. Pricing and Payment: Specifies the pricing structure, payment terms, and any associated fees or royalties. 7. Support and Maintenance: Outlines the Licensor's responsibilities in providing technical assistance, updates, patches, and maintenance services. 8. Termination: Establishes the conditions under which the agreement can be terminated by either party, including notice periods and potential liabilities. 9. Confidentiality and Non-Disclosure: Addresses the protection of confidential information shared during the course of the agreement. 10. Dispute Resolution: Specifies the methods of resolving any disputes or disagreements that may arise during the term of the agreement, such as mediation or arbitration. It is crucial for both the Licensor and Dealer to review and understand the Pennsylvania Agreement between them thoroughly before signing. Consulting with legal professionals experienced in software and internet-related transactions is advisable to ensure compliance with Pennsylvania state laws and to protect the interests of both parties.
Pennsylvania Agreement between Licensor and Dealer for Sale of Computers, Internet Services, or Software
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FAQ
Does California require sales tax on Downloadable Custom Software? California does not require sales tax on downloadable custom software.
Major items exempt from the tax include food (not ready-to-eat); candy and gum; most clothing; textbooks; computer services; pharmaceutical drugs; sales for resale; and residential heating fuels such as oil, electricity, gas, coal and firewood. The Pennsylvania sales tax rate is 6 percent.
Generally, professional services are not taxable in Pennsylvania.
The Pennsylvania Department of Revenue ruled that cloud computing software is subject to Pennsylvania sales and use tax when used by people in-state (SUT-12-001).
Under current Pennsylvania law, Sales and Use Tax applies to sale at retail or use of computer hardware and canned software, as well as services thereto. According to the same law, computer programming, computer integrated systems design, computer processing, data preparation or processing, information retrieval,
When it comes to SaaS and cloud computing, taxability is determined by the user's location. Pennsylvania's Department of Revenue considers a license to access the software a tangible, taxable item, just as it defines electronically downloaded software to be tangible and therefore subject to taxes.
In summary, the Pennsylvania Department of Revenue considers both tangible and electronic canned software, such as QuickBooks, Microsoft Office, Adobe Creative Suite, as taxable tangible personal property and thus is taxable. Taxable tangible personal property also includes: streaming & digital downloads.
Recently, the Pennsylvania Department of Revenue issued Letter Ruling SUT-17-002, concluding that sales of information retrieval products accessed electronically are subject to Pennsylvania sales and use tax as sales of tangible personal property.
Services in Pennsylvania are generally not taxable. However if the service you provide includes selling, repairing or building a product that service may be taxable.
Yes. The Sales Tax regulation on computer services is found in the PA Code.