Used software is available for selling in the European Union. This also applies to Switzerland. Art. 12 II of the Swiss Federal Law on Copyright and Related Rights (URG) states that once the consent of the author is obtained in the first sale of software, he also gives tacit consent for the resale of used software. The cantonal court has a similar tenor in which according to the verdict of May 4, 2011 against the software company Adobe, agreed that the selling of used software was also allowed. (Cantonal Court Az. ES 2012, 822). Legal doctrine also states that this legal concept is indisputable. As explained by Prof. Dr. Cyrill Rigamonti from the University of Bern in a journal article, the trade of used software is compatible with Swiss copyright laws. (GRUR Int. 2009, 14ff.) The ECJ essentially reached the same conclusion in its subsequent decision in the case of UsedSoft (C-128/11).


We only offer product keys for the activation of the respective computer programs. License are consumed once the respective installation is completed, and serves as an acceptance of the Terms of Use, which regulates the right of use between you and the respective manufacturer. The principle of exhaustion occurs when the license is "consumed", usually as soon as it has been lawfully marketed for the first time. Therefore, this offer is based on software licenses that were placed on the market for unlimited use in the form of a product key with the possibility to download the program. Microsoft has received a fair compensation for these products. The license from Microsoft entitles you to download and use updates.
With us, you receive particularly attractive used licenses from volume license contracts, which are to be treated as part of Volume Licenses on First Acquisition. The splitting of volume licenses for the purpose of separate resale is legal. This follows, among others, from a judgment of the European Court of Justice (Case C-128/11). This judgment explains the exhaustion of rights of software, and has been confirmed by the judgment of the Federal Court of Justice of 17.7.2013 (Case I ZR 129/08), concluding that the resale of used software was legal. Finally, the OLG Frankfurt on also explained these principles and confirmed the decision for splitting volume license agreements. (AZ 11 U 68/11). Switzerland has taken over this practice.

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