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 authorized partners are entitled to sell software licenses and are obligatory members of the manufacturer's partner program. Resellers are granted the non-exclusive right to actively market and distribute licensed software within the EU/EFTA. However, resellers may 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 and followed. All trademarks and registered trademarks are the property of the respective manufacturer. The 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 has been received.

Licensing law

According to the current case law of the Federal Court of Justice (BGH, judgment of July 17, 2013 - I ZR 129/08), specialist retailers are obliged to document the legality and correctness of the software offered. Software licenses may only be placed on the market with the consent of the rights holder. The license is granted in return for a fee that makes it possible to obtain remuneration corresponding to the economic value of the software. The rights holder obliges the distributor to sell the software permanently and without time limit for 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 and unlimited right to use the software. He is not permitted to copy it or allow others to use it. Multiple rights of use require a separate agreement.