Legal Basis

Distribution law

Software manufacturers such as Microsoftaallow certified sales partners (resellers) to sell products to consumers. So-called reseller rights are granted. Only authorized partners have the right to sell software licenses and are mandatory members of the manufacturer’s partner program. The resellers receive the non-exclusive right to actively market and distribute software under license within the EU / EFTA. Notwithstanding this, sales partners can also be active in other regions, this requires a written agreement.

The dealer is obliged to offer the software products under the respective product names of the manufacturer. Relevant property rights and copyright notices are to be observed or made. All brand names and registered trademarks are the property of their respective manufacturers. Technical information must always correspond to the manufacturer’s information. Images, icons and logos are used to identify items. The goods sold remain the property of the retailer until full payment has been made.

Licensing law

According to the current case law of the german Federal Court of Justice (BGH, judgment of July 17, 2013 – I ZR 129/08), specialist dealers are obliged to document the legality of the software offered. Software licenses may only be brought into circulation with the consent of the rights holder. The license is granted in return for a fee that that corresponds to the economic value of the software. The rights holder obliges the dealer to sell the software permanently, without a time limit on its use. The consumer is informed that the software is subject to the license conditions and product usage rights of the software manufacturer.

The purchaser has a simple, unrestricted right to use the software. He is not allowed to copy or allow others to use it. Multiple usage rights require a separate agreement.