Distribution rights
Software developers such as Microsoft allow certified sales partners (resellers) 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 developer’s partner program. The resellers receive the non-exclusive right to actively market and distribute software under license within the EU / EFTA. As an exception, sales partners can also operate in other regions; this requires a written agreement.
The dealer is obliged to offer the software products under the respective product names of the developer. Relevant protection and copyright notices must be observed or made. All brand names and registered trademarks are the property of their respective developers. Technical information must always match the developer’s information. Images, symbols and logos are used to identify articles. The goods sold remain the property of the dealer until full payment has been made.
Licensing law
According to 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 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 for a fee that enables the generation of remuneration that corresponds to the economic value of the software. The rights holder obliges the dealer to sell the software permanently and without a time limit on use. The consumer is informed that the software is subject to the license conditions and product usage rights of the software manufacturer.
The buyer has a simple, unrestricted right to use the software. He is not permitted to copy it or allow others to use it. Multiple usage rights require a separate agreement.
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