1. MAY WE OFFER USED SOFTWARE AND THE USER LICENSES ACQUIRED UNDER IT FOR SALE TO THIRD PARTIES FOR PURCHASE?

A used software license is generally freely transferable in Cyprus and the EU. Both European Court of Justice have issued rulings confirming this principle. Furthermore, there are no contractual barriers to resale, provided that the license agreement between the software provider and the original purchaser does not explicitly prohibit or restrict the resale of the standard software. It's important to note that any contractual limitations are only binding between the original author and the first purchaser. As a subsequent purchaser of product keys or software licenses, you are free to use them without concern.

2. WHAT IS THE LEGAL SITUATION REGARDING THE SALE OF USED SOFTWARE IN THE EU AND CYPRUS?

Used software is generally freely available for sale within the European Union. The European Court of Justice (ECJ) has confirmed that the resale of used software licenses is allowed under EU law. In particular, the Regional Court of Munich ruled on April 4, 2008, in Case 30 O 8684/07, that no further consent from Microsoft was required for the resale of individual used Microsoft software licenses under a volume license agreement. This ruling was later upheld by both the German Federal Supreme Court and the European Court of Justice. In 2014, the German Federal Supreme Court, referencing the ECJ's decision, reaffirmed that the trade in used software is largely unrestricted and that such software is generally available for over-the-counter sale within the EU.

3. WHAT ARE THE REQUIREMENTS FOR THE EXHAUST OF THE AUTHOR'S DISTRIBUTION RIGHT?

To ensure the author's distribution right is exhausted, it is generally required that the software was originally placed into circulation within the EU, EEA, or Cyprus by sale with the author’s consent, that the author granted a license in exchange for a reasonable fee, and that the author provided the first purchaser with a permanent right to use the copy. Additionally, any improvements or updates to the software that the subsequent purchaser downloads, which differ from the version downloaded by the first purchaser, should be covered by a maintenance agreement between the author and the first purchaser. The first purchaser must also have rendered the original copy of the software installed on their computer unusable (e.g., by permanently deleting it), and the seller must have informed the customer that purchasing a product key alone does not constitute a valid license for the lawful use of the program, as the license is created through installation and acceptance of the terms of use.

4. WHAT DOES SOFTWAREDELIVERY24.COM SELL?

SoftwareDelivery24.com sells product keys that grant access to software installation. The product key simply enables the download for installation, while the terms of use, which must be accepted during the download and installation process, determine the conditions for using the software and the associated license.

5. WHAT ABOUT THE CLAIMS TO SUPPORT AND UPDATE SERVICES WHEN BUYING USED SOFTWARE LICENSES?

There are no limitations on the original purchase. The buyer of used software licenses is also entitled to all services associated with the software.

6. IS A COMPLETE VERIFICATION FROM THE AUTHOR NECESSARY WHEN BUYING A USED SOFTWARE LICENSE?

No verification is required. When you purchase from us, you can rest assured that there will be no unpleasant surprises – you will effectively acquire the rightful ownership of the used software licenses.

7. WHAT IS THE LEGAL STATUS OF VOLUME CONTRACTS? CAN INDIVIDUAL PARTS BE SOLD SEPARATELY?

The principle of over-the-counter (OTC) salability applies to both volume licenses and individual volume license parts for separate resale, provided the agreed maximum number of users is respected. For lawful resale, the first purchaser must no longer need the software to the extent being resold and must delete the corresponding program copies from their computer. This is supported by European case law. Specifically, the Regional Court of Munich ruled on April 4, 2008, in Case No. 30 O 8684/07, that no further consent from Microsoft was required for the resale of individual used Microsoft software licenses from a volume license agreement. Similarly, the Regional Court of Hamburg had already affirmed the legality of reselling used software licenses from volume agreements in 2006 (RC Hamburg Az. 315 O 343/06).

8. IS IT MANDATORY TO REGISTER A USED SOFTWARE LICENSE WITH THE MANUFACTURER?

No, there is no legal obligation to do so. If the seller or manufacturer has different contractual terms, SoftwareDelivery24.com will ensure the correct procedure is followed.

9. DOES THE AUTHOR/MANUFACTURER HAVE TO GIVE EXPLICIT CONSENT FOR THE RESALE OF USED SOFTWARE LICENSES?

No, generally, no further consent is required for resale. Upon the first sale, the author or manufacturer’s control over the software copy is exhausted, and they cannot impose additional conditions for resale.

10. IN WHICH COUNTRIES CAN USED SOFTWARE LICENSES BE SOLD?

Used software licenses may be sold within the EU, the EEA and Cyprus. For other countries, a corresponding legal clarification is to be made in each case.

11. WHAT DOES USED SOFTWARE MEAN?

The term "used software" or "pre-owned software" often raises questions and confusion, as it is typically associated with wear and tear. However, unlike physical products, software doesn't experience actual wear and tear. Software becomes "used" simply by being installed and utilized, but this doesn't affect its quality. In fact, used software should be of the same high quality as software purchased directly from the manufacturer or an authorized dealer. There are no concerns about degraded performance or worn-out components with software. This presents a valuable opportunity for businesses to optimize their software licensing costs by purchasing used software.

12. WHERE DO THE USED SOFTWARE LICENCES COME FROM?

Typically, these licenses come from companies that, for various reasons, sell unused or surplus software licenses. This may occur due to mergers, acquisitions, or company consolidations. System changes or poor planning can also lead to the release of unused licenses. Additionally, when a company ceases operations, its software licenses may be sold off during a liquidation sale.

13. HOW DO I DOWNLOAD THE SOFTWARE?

You will receive a delivery note that includes the product key and confirmation of the rights transfer from the seller. Additionally, you will be provided with a link to download the software from our shop. You need to unpack the file after downloading and run the "setup" file to begin the installation process. Additionally, you will receive an official download link from the manufacturer.

14. DOES SOFTWAREDELIVERY24.COM HAVE CUSTOMERS WHERE AUDITS HAVE ALREADY TAKEN PLACE REGARDING THE LICENSES?

Yes, several customers of SoftwareDelivery24.com have successfully undergone audits by the software author or manufacturer, with no challenges to the legality of the resale process followed by SoftwareDelivery24.com. For more information about audits, please feel free to contact us at info@SoftwareDelivery24.com.

15. WHAT ARE DIGITAL PRODUCTS (ESD)?

ESD stands for "Electronic Software Distribution" or "Electronic Software Download," which refers to the distribution of software and games via the Internet. When purchasing digital products, there is no shipping of physical data carriers or key-cards. Instead, you download and install your program or game directly from a server. The benefits of ESD include unlimited availability, central storage of your product keys on our portal, 24-hour access, and no delivery time, with email dispatch within 15-30 minutes after order completion and payment. To download your program or game from the server, follow these steps: First, complete the order by adding the desired item to your shopping cart and finishing the order process. You will receive a confirmation email after completing the order. Second, shortly after, you will receive a second email containing the product key along with a installation guide and downloadlinks. Finally, download the required software from the download link in your email, install it, paste the copied product key, and complete the installation.

Email: info@SoftwareDelivery24.com

Address: KOUNASOFT EUROPE LIMITED, 7 Stasandrou, 101, 1060 Nicosia, Cyprus