Used software licenses
Used software licenses (or already-marketed software licenses) are still the same software, which you may find in box or download from VLSC account. The only difference between new software licenses and already-marketed licenses is the price. It is exactly the same product, but you can save up to 80 % when you decide to buy the already used one.
How does used software work?
It’s easy. Even though there is a persistent rumor, supported by big software manufacturers, that the software licenses are not transferable, the opposite is true. As the European Court of Justice (ECJ) has ruled: “The trade in used computer programs is declared to be lawful in principle.” Said in another words: If you buy an original software and you no longer need it, you can sell it without any further restrictions from the manufacturer.
The legal basis which permits re-sale of software licenses, that have already been placed on the market, is determined by EU Directive 2009/24 / EC, Article 4. Paragraph 2, which stipulates that the first sale of the software licenses, the author’s right to control its further distribution is exhausted.
Based on the judgments of both national and supranational courts, specific rules and procedures have been established which, if they are respected, guarantee complete legal basis, security of the transaction and legal product usage rights for the new licensee.
Conditions of license transfers
In accordance with the standards mentioned above, all transfers of licenses through PREDNY SLM are accompanied by complete documentation, including Declaration of the first acquirers:
- As proof of purchase of the original license by the original acquirer, for each transfer, we include not only all of its identification records and Microsoft Agreement Number, but also Master Agreement Number and Business Agreement Number and copy of initial agreement (if available).
- As part of the transfer documentation, we also provide de-installation declaration of the original acquirer as evidence which confirms that the acquirer made his own copies of the computer program unusable upon resale.
Only complete software license documentation ensures trouble-free passage through software audit.
Beware of pick-pockets!
Unfortunately, there are lots of so called “Legal licenses brokers” on the market. But, when fulfilling the contract, they often only send product keys to customers, not the license.
The main difference between product key and license can be illustrated on the example of a car ownership. If you are given car keys, it doesn’t always mean, that the car is yours or that you can use it freely. You also need to have the papers and underlying documentation, otherwise, the police can stop you and give you a fine. The same principles are also applied to software licensing. Only if you have the complete documentation, you can be sure that you are the owner of the property.
Be sure to always ask for complete documentation, including the original contracts when the software was brought to the market for the first time (by copyright owner or with his consent). Otherwise you can fool yourself by these pick-pockets.
FAQ for license transfers
Buying and selling used software has been legal since a 2012 ruling of the European Court of Justice. However, there are some prerequisites:
- The software is no longer in use by the previous owner
- The previous owner has fully uninstalled the software
- The software must originate from a country within the European Economic Area
- The software was brought into circulation in the EU legally and based on a valid contract
- The previous owner has purchased the license legally
- The vendor has received adequate payment for their product according to the market
- The software license is valid for an unlimited period
- For volume licenses, a statement of deletion from the original owner is required
- The entire chain of ownership can be proven