Distribution Rights
Software manufacturers such as Microsoft or Corel allow certified distribution partners (resellers) to distribute products to consumers. This grants so-called reseller rights. Only authorized partners have the right to sell software licenses and are required to be members of the manufacturer’s respective partner program. Resellers receive the non-exclusive right to actively market and distribute licensed software within the EU/EFTA. However, distribution partners may also operate in other regions; this requires a written agreement.
The dealer is obligated to offer the software products under the manufacturer’s respective product name. Relevant intellectual property rights and copyright notices must be observed and included. All brand names and registered trademarks are the property of the respective manufacturers. Technical information must always correspond to the manufacturer’s specifications. Images, icons, and logos are for product identification purposes. The sold goods remain the property of the dealer until full payment is made.
Licensing Law
According to the current ruling of the Federal Court of Justice (BGH, judgment of July 17, 2013 – I ZR 129/08), specialist retailers are obligated 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 for remuneration corresponding to the economic value of the software. The rights holder obligates the retailer to resell the software permanently, without a time limit on use. The consumer is informed that the software is subject to the license terms and product usage rights of the software manufacturer.
The purchaser has a simple, unrestricted right to use the software. They may neither copy it nor allow others to use it. Multiple rights of use require a separate agreement.
