Distribution right
Software manufacturers such as Microsoft or Corel allow certified distributors (resellers) to sell products to consumers. So-called reseller rights are granted. Only authorized partners are allowed to sell software licenses and are mandatory members of the manufacturer's partner program. Resellers have the non-exclusive right to actively market and distribute licensed software within the EU/EFTA. However, resellers may also operate in other regions. This requires a written agreement.
The distributor is obliged to offer the software products under the manufacturer's respective product name. Property rights and relevant copyright notices must be observed and followed. All trademarks and registered brand names are the property of the respective manufacturers. Technical information must always correspond to the manufacturer's specifications. Images, icons and logos may only be used to identify items. Goods sold remain the property of the dealer until full payment is received.
Admission duty
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 regularity of the software offered. Software licenses may only be marketed with the consent of the right holder. The license is granted for a fee that enables the distributor to obtain a remuneration corresponding to the economic value of the software. The right holder obliges the distributor to sell the software for use permanently and indefinitely over time. The consumer is informed that the software is subject to the license terms and product use rights of the software producer.
The buyer has a simple and unrestricted right to use the software. He may not copy the software or make it available to others for use. Multiple rights of use require a separate agreement.
