USED SOFTWARE FOR ENTERPRISES

FAQ

Legal?

ReLicense AG transfers / reassigns perpetual Microsoft and SAP volume license assets in compliance with licensing agreements and/or legal requirements. Microsoft OEM licenses are transferred based upon and compliant with the European Software Directive and applied local law, accredited by several national Federal Supreme Courts (2000) and the European Court of Justice (2012) rulings. Software Compliance

Our second hand license transfers are compliant with the prevailing international legal norm, “there is no bona fide purchase of licenses”.

Legal status?

Legal parameters concerning to the ReLicense AG second hand software transfer models are clear and definitive.

We transfer / reassign perpetual Microsoft and SAP volume license assets in compliance with licensing agreements and/or legal requirements. OEM licenses are transferred based upon the European Software Directive and applied local law, accredited by national Federal Supreme Court (2000) and the European Court of Justice (2012) rulings (legal compliance).

 

Licensing agreement compliant?

Many licensing agreements include explicit provisions detailing the manner in which licenses may be transferred to affiliated and unaffiliated companies. In such cases the licensing agreement includes the right to transfer the licenses within these provisons.

Compliance with licensing agreements means that all relevant transfer conditions detailed in the licensing agreements, including those detailed within any amendments with the contractual agreement, are satisfied in the process of transferring licenses to third parties.

Neither the principle of the European “Exhaustion Rule” nor the USA “First Sale Doctrin” are
involved in such transfers. Instead, transfers are based upon license agreements and prevailing international legal norms, such as, “there is no bona fide purchase of licenses”.

 

Legally compliant?

In keeping with the prevailing international legal norm, “there is no bona fide purchase of licenses”, all license transfers must be legally compliant. You may need more than a reseller’s invoice, purchase certificate or Notary’s attestation, which only shows that a legally empowered witness has certified a previous purchase. Such documents do not prove legal ownership running all the way back to the original customer. ReLicense AG can provide this information for every transaction.

But legal compliance can also mean that – despite provisions to the contrary stipulated within the licensing agreements – licenses may be legally transferred. The best known example in this context is the so-called OEM ruling published by the German Federal Supreme Court in Juli 2000. The German Federal Supreme Court (2000) and the European Court of Justice (2012) ruled, based on the European Software Directive respectively applied German law, that Microsoft OEM licenses were permitted to be re-sold if initially marketed with the consent of the software vendor in the European Union.

 

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