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Software License Agreement
S.C. REFRESH MARKETING S.R.L., we claim that the products commercialized by us comply with all national and international laws in force.
All products marketed by us are original, authorized, valid for life (except for products that are with subscription for a limited period of time), valid and legal, come from suppliers specialized in this field and are accompanied by a tax invoice and warranty.
Our suppliers warrant that all products offered by them are original, authorized, valid for life (except for products that are time-limited subscription products), valid and legal.
All of our products comply with all applicable national and international laws in force as well as the Manufacturers Terms and Conditions and will not cause damage to the end customer as long as the end customer will use these products properly.
Some of the international laws that allow the resale of digital products (including operating systems) are:
Federal Court of Justice law issued in 2000 – no. Eu ZR 244/97;
EU Parliament and Council Directive issued in 2001 – Directive 2001/29/EC;
EU Parliament and Council Directive issued in 2009 – Directive 2009/24/EC;
EU Court of Justice Decision in 2016 – Case C-166/15 – Aleksandrs Ranks and Jurijs Vasievics – Microsoft Corporation;
EU Court of Justice Decision in 2012 – Case C-128/11 – UsedSoft GmbH vs. Oracle International Corp.
This decision of the Court of Justice of the European Union states that:
“No software producer may prevent the resale of its used licenses (used licenses = refurbished/second-hand licenses) , by allowing the use of its programs downloaded from the internet. The exclusive right to distribute a copy of a computer program which is the subject of such a license is exhausted upon the first sale”.
The CJEU decision provides the following:
The principle of exhaustion of the distribution right applies not only when the copyright holder commercializes copies of his computer programs on a tangible medium (CD-ROM, DVD or STICK), but also when he distributes them by downloading them from his website. It follows that licenses purchased in ESD – RETAIL format (electronic licenses) can also be resold.
Where the copyright holder makes a copy – whether tangible or intangible – available to his customer and at the same time, in return for payment of a price, grants the customer the right to use that copy for an unlimited period, he sells that copy to the customer and thus exhausts his exclusive distribution right. Such a license, legally held, can be transferred to a single person only once, for an indefinite period only (it cannot be leased).
Therefore, although the license contract forbids further transfer, the right holder can no longer object to the resale of this copy. Even if there is a contract between the issuer of the license and the end-user in which the end-user waives the right to sell the license, the contract becomes NULL.
The Court states that the initial acquirer of a tangible or intangible copy of a computer program in respect of which the copyright holder’s distribution right is exhausted must render the downloaded copy unusable on his computer at the time of resale. Once the license is sold to another third party, the buyer (who becomes the seller) no longer has the right to use or distribute the license.
Thus, from a legal point of view, S.C. REFRESH MARKETING S.R.L. complies with any term imposed by the manufacturers and all laws in force that allow any entity to buy and resell digital products.
