Frequently asked questions about the pre-owned software licenses:
Are Pre-owned software licenses legal?
Yes, many standard software licenses stipulate that after paying a single fee, the software can be used forever. In C-128/11, the European Court of Justice – Europe’s highest court – ruled that such licenses lead to a ‘sale’ of the software. This implies that these licenses can be sold to third parties: pre-owned licenses are therefore legal. A perpetual software license issued for a single price can therefore be resold, regardless of what is stipulated in that license. Therefore, our pre-owned OLP license transfers are fully compliant with European regulations.
Softtrader’s procurement policy is designed to act strictly in accordance with the guidelines and conditions approved by the European Court of Justice in its decision of 3 July 2012 C-128/11. Softtrader ensures that the licenses delivered can be used for the related software.
What are the requirements for Pre-Owned licenses?
To be eligible for sale, a license must meet the following requirements:
1. The Original Software License was placed on the market of one of the countries of the European Union with the consent of the holder of the right to the software;
2. The Software License has been acquired indefinitely;
3. There are no other fees for using the Software License.
4. The Software License is not in use at the time of delivery;
5. The Software License is not divided or incomplete.
Softtrader complies with all the requirements of the European Court of Justice and our resellers, as well as, end-users are also insured with Softtrader against any claim for damages from the rightful person.
What are the legal aspects of license transfers?
Softtrader sells the license rights for the standard software of the corresponding software packages mentioned in the quote. Delivery is done digitally and the scope of the license right is based on the provisions of the copyright law and the legally binding licensing conditions of the copyright owner.
Once you have digitally signed our quote, you will receive an order confirmation from Softtrader. On delivery of OLP license, you will receive a license document containing all the data. In the event of an audit, the license document and invoice are proof of ownership. This serves as proof to Microsoft that you have a (valid) license.
Can pre-owned licenses pass an audit (SAM) from Microsoft?
Yes, our procurement policy is designed to act strictly in accordance with the directives and conditions approved by the European Court of Justice in its judgment of July the 3rd, 2012 C-128/11. Softtrader ensures that the licenses delivered can be used for the software concerned.
Do licenses need to be registered with Microsoft?
No, the use of the licenses provided by Softtrader does not require registration with the manufacturer. Registration with the manufacturer is neither technically necessary nor mandatory. In fact, pre-owned licenses are not found in the Microsoft system (VLSC) as they are reused licenses. Legal compliance (sufficient number of licenses available) does not require the registration of these licenses in the system of Microsoft and does not require any authorization or verification by the software manufacturer related.
In which language is the software delivered?
The software can be delivered in any language available with Microsoft.
Does Softtrader provide media in addition to licenses?
All applicable activation keys are included in the license document. If no software downloads are available in your VLSC, we will provide you with the software for an additional €29.
What about updates and maintenance?
Microsoft must not distinguish standard and pre-owned software, therefore both versions of software are treated by Microsoft in the exactly same way as new software. A product that has the right to be updated retains this right, even if the software is transferred to a new owner.
What is the licensing process?
After you digitally sign our quote, you will receive an order confirmation and an invoice. These serve as proof for Microsoft that you have a (valid) license.
Are there other advantages to the European Court of Justice's rule?
The decision of the European Court of Justice also has a positive effect on organizations purchasing new software licenses. These licenses can now be included on the balance sheet because they have a residual value. Previously, the costs of these licenses had to be immediately depreciated as direct costs. Therefore, this decision inadvertently constitutes a tax benefit.