Legal basis

Distribution law

Software manufacturers such as Microsoft or Corel grant certified business partners (resellers) the right to sell their products to consumers. This is referred to as resale rights. Only authorised partners are permitted to sell software licenses and are required to be members of the manufacturer's partner programme. Resellers have the non-exclusive right to actively market and distribute licensed software within the EU/EFTA. However, business partners may also be active in other regions, which requires written agreement.

The distributor is obliged to offer the software products under the respective manufacturers' product names. Relevant property rights and copyright notices must be respected or followed. All trademarks 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 the items. Goods sold remain the property of the retailer until they are paid for in full.

Licensing law

According to the current case law of the Federal Court of Justice (BGH, judgment of 17 July 2013 – I ZR 129/08), specialised retailers are obliged to document the legality and lawfulness of the software they offer. Software licenses may only be put into circulation with the consent of the rights holder. The licence is granted in exchange for payment, which results in a royalty corresponding to the economic value of the software. The rights holder requires the distributor to sell the software on a perpetual basis, without any time limit for its use. The consumer is informed that the software is subject to the licence conditions and usage rights of the software manufacturer's product.

The buyer has a simple and unlimited right of use of the software. They are not permitted to copy it or allow others to use it. Multiple use rights require a separate agreement.