Frequently asked questions
What is the difference between a software license and the product key ?
The product key and license are not the same.
Only the license gives the buyer the right to use a computer program.
The so-called license key, 'Product key' is only used to activate the license and use of the software program provided or downloaded from the official website of the manufacturer. A key therefore cannot be used without having the original license and related software. We only offer license keys for activating the respective computer programs. The conditions of use of the software are regulated directly by the respective manufacturer with the user of the software.
Who can buy ?
Companies, professional firms, freelancers, public bodies and private persons.
Am I entitled to software updates ?
Yes. Software updates and maintenance of an authorized version maintains this right also for the software used.
If a manufacturer refuses the maintenance of a software he produces, some important legal objections arise: such abuse by a dominant position in the market would constitute a clear violation of European competition law. For this reason, no manufacturer has ever refused to perform a maintenance or upgrade.
Is it possible to sell software licenses that are part of a volume license agreement ?
Individual volume licensing software licenses can be resold as used licenses. This was established on April 4, 2008 by the court of Monaco I, in the context of a lawsuit on the payment of the purchase price i (protocol number 30 O 8684/07). The sentence has become final.
The Munich court ruled that "the sale or transfer of individual software licenses, presented under a volume licensing agreement, is also permissible without the manufacturer's consent. In other words: if the manufacturer has sold multiple usage rights in a volume license package, his distribution right is exhausted for each individual license. Therefore it is possible to sell licenses separately, not only in the form of the original package.
That the principle of exhaustion applies to every first sale of software has been confirmed by the 13 judges of the highest chamber. In addition, secondary purchasers of licenses transferred online were ordered to re-download the software directly from the manufacturer
In addition, the exhaustion of the distribution right to the copy of the program extends to the "copyrighted and updated version", according to the Court of Justice. This not only confirmed the final petition of the Advocate General of the European Court of Justice on 24 April 2012, but even extended it.
The license is "exhausted", as a rule, as soon as it has been legally placed on the market for the first time.
A software manufacturer cannot object to the resale of its unused licenses which allow the use of its programs downloaded from the Internet. Switzerland has resumed this practice.
In which country can used software licenses be resold and used ?
it is possible to resell and use the used software licenses and the related product keys for activation, at the level of the European Community and Switzerland.
Legal situation in Switzerland:
Used software can also be purchased and sold in Switzerland, subject to the consent of the author of the software. Article 12 (2) of the Swiss Federal Law on Copyright and Related Protection Rights (Copyright Law, LDA): "If the author (...) has sold a computer program or has approved the sale, this can be used or resold. "
Swiss copyright law allows the marketing of used software. The manufacturer's consent definitely exists with the first sale, through the sale. The manufacturer also provides the link of its website for the free download of the software with the license to activate.