Legal basis

Software manufacturers such as Microsoft or Corel enable certified sales partners (reseller) to sell products to consumers. So-called reseller rights are granted. Only authorized partners have the right to sell software licenses and are mandatory members of the manufacturer's partner program. The resellers receive the non-exclusive right to actively market and distribute software under license within the EU / EFTA. Deviating from this, sales partners can also be active in other regions, this requires a written agreement.

The dealer is obliged to offer the software products under the respective product names of the manufacturer. Relevant property rights and copyright notices must be observed or attached. All brand names and registered trademarks are the property of their respective manufacturers. Technical information must always correspond to the manufacturer's information. Images, symbols and logos are used to identify items. The goods sold remain the property of the dealer until full payment has been made.

Licensing Act
According to the current case law of the Federal Court of Justice (BGH, judgment of July 17, 2013 - I ZR 129/08), specialist dealers are obliged to document the legality and admissibility of the software offered. Software licenses may only be circulated with the consent of the rights holder. The license is granted against a payment that makes it possible to obtain a fee that corresponds to the economic value of the software. The rights holder obliges the dealer to sell the software permanently without a time limit on use. The consumer is advised that the software is subject to the license terms and product use rights of the software manufacturer.

The buyer has a simple, unrestricted right to use the software. He may not copy them or allow others to use them. Multiple usage rights require a separate agreement.

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