Distribution law

Software manufacturers such as Microsoft or Corel allow certified sales partners (resellers) to sell products to consumers. This grants so-called reseller rights. Only authorized partners have the right to sell software licenses and are mandatory members of the manufacturer's respective partner program. Resellers are granted the non-exclusive right to actively market and distribute licensed software within the EU/EFTA. Deviating from this, resellers 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 right and copyright notices must be observed or made. All brand names and registered trademarks are the property of the respective manufacturers. Technical information must always correspond to the manufacturer's specifications. Illustrations, icons and logos are used for article identification. Until full payment, the goods sold remain the property of the dealer.

Licensing law

In accordance with the current case law of the German Federal Court of Justice (BGH, judgment of July 17, 2013 - I ZR 129/08), specialist retailers are obliged to document the legality and legitimacy of the software they offer. Software licenses may only be placed on the market with the consent of the rights holder. The license is granted in return for a payment that allows the dealer to obtain a remuneration that corresponds to the economic value of the software. The rights holder obliges the distributor to sell the software permanently, without a time limit on its use. The consumer is informed that the software is subject to the license terms and product use rights of the software manufacturer.

The purchaser has a simple, unrestricted right to use the software. He may neither copy it nor make it available to others for use. A multiple right of use requires a separate agreement.