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 awarded. Only authorised partners are entitled to sell software licenses and are mandatory members of the manufacturer's partner programme. Resellers receive the non-exclusive right to actively market and distribute licensed software within the EU/EFTA. However, sales partners can also operate in other regions. This requires a written agreement.

The distributor is obliged to offer the software products under the respective product name of the manufacturer. Property rights and relevant copyright notices must be observed or complied with. All trademarks and registered trademarks are the property of the respective manufacturers. Technical information must always correspond to the manufacturer's specifications. Images, pictograms and logos are used to identify the items. The goods sold remain the property of the retailer until full payment.

Admission law

Following the 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 regularity of the software they offer. Software licenses may only be put into circulation with the consent of the rights holder. The license is granted for a fee which allows a remuneration corresponding to the economic value of the software to be achieved. The rights holder obliges the distributor to sell the software permanently and without time limitation for use. The consumer is hereby informed that the software is subject to the license terms and product usage rights of the software manufacturer.

The buyer has a simple and unlimited right to use the software. They are not permitted to copy it or make it available for use by others. Multiple usage rights require a separate agreement.