Tennessee Software License and Distribution Agreement

State:
Multi-State
Control #:
US-13019BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed contract regarding software or computer services and is suitable for use by businesses or individual contractors.

Tennessee Software License and Distribution Agreement refers to a legal document that establishes the terms and conditions for the distribution and licensing of software in the state of Tennessee. This agreement is crucial for software developers, distributors, and end-users as it governs the rights and responsibilities related to software usage, distribution, and intellectual property. The agreement ensures that all parties involved have a clear understanding of the licensing terms and limitations associated with the software being distributed. There are several types of Tennessee Software License and Distribution Agreements, each tailored to specific requirements and circumstances. These types include: 1. End-User License Agreement (EULA): Also known as a software license agreement, an EULA is an agreement between the software developer and the end-user. It outlines the terms under which the end-user is granted the right to use the software. It typically defines the scope of usage, limitations, and any restrictions imposed on the software. 2. Software Distribution Agreement: This type of agreement is entered into between the software developer or licensor and a distributor. It outlines the terms and conditions for the distribution of the software on behalf of the developer. It covers aspects such as pricing, payment terms, territory restrictions, and intellectual property rights. 3. Reseller Agreement: A reseller agreement is signed between a software developer and a reseller who purchases the software and sells it to end-users. This agreement establishes the terms under which the software can be resold, including pricing, territory limitations, and support obligations. 4. Source Code License Agreement: In cases where a software developer grants others permission to access and modify the source code, a source code license agreement is used. This agreement sets out the terms under which the source code can be used, modified, and distributed, ensuring proper intellectual property protection. 5. OEM Agreement: In Original Equipment Manufacturer (OEM) agreements, a software developer grants permission to a hardware manufacturer to bundle their software with their hardware products. This type of agreement outlines the terms and conditions regarding software licensing, branding, distribution, support, and intellectual property ownership. In conclusion, the Tennessee Software License and Distribution Agreement is an essential legal document that governs the licensing and distribution of software in the state of Tennessee. It encompasses various types of agreements, such as EULAs, software distribution agreements, reseller agreements, source code license agreements, and OEM agreements, specific to different circumstances and parties involved. Compliance with these agreements ensures that all parties understand their rights and obligations, protecting the interests of both software developers and end-users.

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FAQ

Tangible personal property, taxable services, amusements, and digital products specifically intended for resale are not subject to tax. Retail sales to the federal government or its agencies and the State of Tennessee or a county or municipality within Tennessee are not subject to tax.

In other words, Software-as-a-Service as a cloud-computing program that is only accessed remotely without delivery of a tangible media and does not include the user taking possession of the program is not subject to sales or use tax.

In Tennessee, SaaS and cloud computing are considered taxable as of July 1, 2015, as part of the Revenue Modernization Act. The act specifies that it applies to amounts charged for the remote access and use of software, which remains in the seller's possession, when the purchaser accesses the software within Tennessee.

Services in Tennessee are generally not taxable.

If you purchase goods in a state with a higher sales tax rate and pay the other state's sales tax, you would not owe any use tax in Tennessee on those goods.

Generally, the sales tax applies to the retail sale of tangible personal property and certain services such as lodging services, telecommunications services and installation and repair of tangible personal property.

As of May 2019, Tennessee is an origin-based state. This means you're responsible for applying the sales tax rate determined by the ship-from address on all taxable sales.

Services such as grass cutting, trimming, bush trimming, leaf raking, and similar activities are all services performed on real property. Charges for such services are not subject to sales tax.

The 11 origin-based states are: Arizona, California, Illinois, Mississippi, Missouri, New Mexico, Ohio, Pennsylvania, Tennessee, Texas, Utah and Virginia. California is mixed: City, county and state sales taxes are origin-based, while district sales taxes (supplementary local taxes) are destination-based.

Software distribution agreements specifically allow distributors to market and sell the developer's software to end users. A software distribution agreement sets forth the rights and duties of both the developer and the distributor to avoid disputes later on.

More info

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Tennessee Software License and Distribution Agreement