distribution law
Software manufacturers such as Microsoft and Corel 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 manufacturer's partner program. Resellers receive the non-exclusive right to actively market and distribute software under license within the EU/EFTA. Regardless of this, distribution partners can also operate in other regions, but this requires a written agreement.
The retailer 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 affixed. All brand names and registered trademarks are the property of their respective manufacturers. Technical information must always correspond to the manufacturer's specifications. Images, symbols, and logos serve 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 ruling of the Federal Court of Justice (BGH, ruling of July 17, 2013 – I ZR 129/08), specialist retailers are obliged to document the legality and lawfulness of the software they offer. Software licenses may only be marketed with the consent of the rights holder. The license is granted in return for payment, which enables remuneration corresponding to the economic value of the software. The rights holder obliges the dealer to sell the software permanently, without any time limit on its use. The consumer is informed that the software is subject to the license terms and conditions and rights of use of the software manufacturer.
The purchaser has a simple, unrestricted right to use the software. They may not copy it or allow others to use it. Multiple usage rights require a separate agreement.
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