Legal basis

Distribution Law

Software manufacturers such as Microsoft or Corel allow certified sales partners (resellers) to sell products to consumers. So-called reseller rights are granted. Only authorised partners are entitled to sell software licences and are mandatory members of the manufacturer's partner programme. Resellers are granted a non-exclusive right to actively market and distribute licensed software within the EU/EFTA. However, sales partners may also be active in other regions; this requires a written agreement.

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

Licensing Law

According to current case law of the Federal Court of Justice (BGH, judgment of 17 July 2013 – I ZR 129/08), specialist dealers are obliged to document the legality and legitimacy of the software offered. Software licences may only be put into circulation with the consent of the rights holder. The licence is granted in exchange for a payment that allows for a fee corresponding to the economic value of the software. The rights holder obliges the distributor to sell the software permanently, with no time limit for its use. The consumer is advised that the software is subject to the licence terms and product use rights of the software manufacturer.

The buyer has a simple and unlimited right to use the software. He is not allowed to copy it or allow others to use it. Multiple use rights require a separate agreement.