Software Licensing & Legality

Genuine Software. Transparent Licensing.

At ROBIT-SOFT, we are committed to providing customers with legitimately sourced software licences while operating in accordance with applicable UK and European intellectual property and software licensing laws.

We believe customers should understand what they are purchasing, which is why we aim to provide clear information about software licensing, activation and the resale of qualifying software licences.

Resale of Software Licences in Europe

European law recognises circumstances in which previously acquired software licences may legally be resold.

A significant decision in this area is the judgment of the Court of Justice of the European Union (CJEU) in:

UsedSoft GmbH v Oracle International Corp.
Case C-128/11
Judgment dated 3 July 2012
ECLI:EU:C:2012:407

The judgment established that, under certain circumstances, the copyright holder's distribution right in a copy of a computer program can become exhausted following its first authorised sale.

Importantly, the Court held that this principle can apply to software originally supplied through an internet download and is not limited solely to software supplied on physical media.

What Does C-128/11 Mean?

In qualifying circumstances, the original software publisher cannot rely upon its exclusive distribution right to prevent the subsequent resale of a software copy after that distribution right has been exhausted.

Among the factors considered by the Court were circumstances where:

• The software was originally supplied with the copyright holder's consent.

• The copyright holder received payment corresponding to the economic value of the software copy.

• The original licence granted a right to use the software for an unlimited period.

• The original purchaser makes their own copy unusable when transferring the qualifying licence.

The ruling does not mean that every product key or every type of software licence can automatically be resold.

Each licence must be considered according to its origin, licence type, acquisition history and applicable legal requirements.

Software Product Keys and Licences

A product key is normally a technical mechanism used to activate software.

Successful activation alone should not be regarded as conclusive evidence of the legal ownership, provenance or transferability of the underlying software licence.

Where applicable, ROBIT-SOFT therefore considers the source and licensing status of software supplied through our store rather than relying solely upon whether a product key successfully activates.

Licence Provenance

Where ROBIT-SOFT supplies software under a qualifying resale model, we aim to maintain appropriate documentation relating to the acquisition and provenance of those licences.

Depending upon the particular product and supply chain, documentation may include purchase records, supplier documentation, invoices and other evidence relating to the acquisition of the software licences.

Such records may contain commercially confidential information and therefore may not necessarily be supplied directly to individual customers.

UK Customers

Following the United Kingdom's departure from the European Union, UK and EU intellectual property regimes should not be treated as identical.

The UK continues to operate an intellectual property exhaustion framework under domestic UK legislation.

ROBIT-SOFT therefore assesses software supplied to UK customers according to applicable UK law rather than representing C-128/11 as automatically governing every UK transaction.

EU & EEA Customers

For qualifying transactions within the European Economic Area, principles arising from European software law, including the CJEU's judgment in UsedSoft GmbH v Oracle International Corp. (C-128/11), may be relevant to the resale of qualifying software licences.

The legal position depends upon the circumstances surrounding the particular licence and transaction.

Microsoft and Other Trademarks

Microsoft, Windows, Microsoft Office and other Microsoft product names and logos are trademarks or registered trademarks of Microsoft Corporation.

All other trademarks, product names and company names belong to their respective owners.

Unless expressly stated otherwise, ROBIT-SOFT is an independent software retailer and is not affiliated with, sponsored by, endorsed by or an authorised representative of Microsoft Corporation.

References to Microsoft and other software publishers are made solely for the purpose of identifying compatible software products.

Our Commitment to Customers

ROBIT-SOFT aims to provide:

✓ Legitimately sourced software licences

✓ Clear product descriptions

✓ Secure digital delivery

✓ Activation information

✓ Customer support

✓ Transparent information regarding software licensing

If you experience an activation problem, please contact our support team before purchasing another licence so that we can investigate the issue.

Important Legal Notice

The UsedSoft judgment does not provide unrestricted permission to buy, sell or distribute every type of software licence.

Different rules may apply to subscription licences, educational licences, developer licences, cloud services, volume licensing arrangements, licences obtained outside the relevant territory and other specialised licensing programmes.

Nothing on this page should be interpreted as a representation that every software licence is transferable solely because a product key exists or because the software successfully activates.

ROBIT-SOFT evaluates the products it offers according to the applicable circumstances and documentation available to it.

Legal References

Court of Justice of the European Union
UsedSoft GmbH v Oracle International Corp.
Case C-128/11
Judgment of 3 July 2012
ECLI:EU:C:2012:407

Directive 2009/24/EC
Legal protection of computer programs
Including Articles 4(2) and 5(1)

UK Intellectual Property Law
Applicable UK copyright and intellectual property exhaustion legislation, as amended from time to time.

---

Questions About Licensing?

If you have a question about a software licence available from ROBIT-SOFT, please contact us before purchasing.

We will be happy to provide further information regarding the product and its licensing characteristics where available.