Legal basis

Distribution Act

Software manufacturers such as Microsoft or Corel grant certified sales partners (resellers) the right to sell products to consumers. So-called reseller rights are granted. Only authorised partners are permitted to sell software licenses and are mandatory members of the manufacturer's partner programme. Resellers have the non-exclusive right to actively market and distribute the 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 manufacturers' product names. Proprietary rights and associated copyright notices must be respected or observed. All trade marks and registered trade marks are the property of the respective manufacturers. Technical information must always correspond to the manufacturer's information. Images, icons and logos are used for the identification of items. Goods sold remain the property of the seller until full payment.

Licensing Act

According to the current case law of the Federal Court of Justice (BGH, judgment of 17 July 2013 – I ZR 129/08), specialised dealers are obliged to document the legality and legitimacy 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 allows for compensation corresponding to the economic value of the software. The rights holder obliges the distributor to sell the software permanently, without time limits on its use. The consumer is informed that the software is subject to the license terms and 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 allow others to use it. Multiple usage rights require a separate agreement.