The resale of software licenses is completely legal in Europe. This is confirmed by the rulings of the European Court of Justice (ECJ), which has established that trading in new and even used software is legal in Europe.
The judgment confirms that persons or companies that acquire a software license can resell it without opposition from its creators. This decision has been taken in a lawsuit between Oracle and UsedSoft, a company specialized in reselling second-hand licenses, giving the latter the reason. The Court considers that exclusive distribution rights over a license end with the first sale.
As far as the sale of used licences is concerned, the European Court of Justice (ECJ), as the highest body of European justice, has definitively clarified with its judgment the legal situation of trade in used computer programs, declaring the fundamental legitimacy of this activity.
The ECJ also ruled that trade in used software is also permitted in the case of software transmitted over the Internet. On 17 July 2013, the German Supreme Court subsequently confirmed the ECJ's decision in principle with regard to the relevant legal issues to the full extent.
The ECJ ruling also applies to volume licences and their division. This was confirmed by the Frankfurt District Court in proceedings between Adobe and UsedSoft.
Legal information for the purchase and
use of Microsoft products
For OEM versions, under the terms of the Microsoft license, the product key is only intended for one activation. The key is linked to the hardware. The duration of use is not restricted, as long as the product is used on the same device. If the computer is formatted, rebooted, or if changes are made to the hardware, there is no longer a guarantee that the license key will continue to work on the computer.
The purchase, distribution and use of the OEM versions are completely legal in Europe. Marketing OEM versions independently of the respective hardware is legally permitted.
From LDESOFTWARE we recommend linking the OEM license to a Microsoft account, this way if you format or make changes to the hardware, you only have to sign in with your Microsoft account for the software to be activated automatically. This way you will not lose your license after making the changes.
In the case of the RETAIL versions, the product key is linked to the user. This means that we can pass the license from one device to another as long as it remains activated on only one computer. No two computers can be activated simultaneously with the same key.
See also the Microsoft data privacy statement. You can find the license terms for your product at this link. There you can select the product for which you are purchasing the product key and view the license terms in detail.
In the event that the license has been labeled as USED in the description, the original purchaser certifies that the copy associated with the product key has been removed or disabled from all devices, data media, and other storage locations including the cloud services. You are permitted to download and install available enhancements and software updates from the manufacturer's website.
By purchasing the product key, you receive the right to use the program properly.
IN CASE OF SOFTWARE AUDIT, WE ASSUME FOR THE SUPPLIED PRODUCTS TO ANSWER TO THE SOFTWARE MANUFACTURER AND TO SOLVE THE DOUBTS THAT COULD ARISE.