Are European Software Licences Legal? Guarantees Explained (2026)

If you are considering buying a software licence online at a lower price than the manufacturer's recommended retail, one question almost always comes first: is this actually legal? The short answer is yes. The resale of genuine, pre-owned software licences within the European Economic Area is lawful, and it has been settled EU case law for well over a decade. This guide explains the legal basis, what guarantees you should expect from a reputable reseller, and how Licendi backs every single key we sell.

The legal basis: the CJEU UsedSoft ruling

The foundation of the second-hand software market in Europe is the judgment of the Court of Justice of the European Union (CJEU) in Case C-128/11, UsedSoft GmbH v Oracle International Corp., handed down on 3 July 2012. The Court ruled that the principle of exhaustion of the distribution right applies not only to physical copies of software but also to copies downloaded from the internet. In plain English: once a copyright holder has sold a licence for an unlimited period within the EU, the rightholder can no longer prevent that licence from being resold to a new user.

This means that a genuine perpetual licence legally placed on the EU market can be transferred to a subsequent buyer, provided the original licensee no longer uses it. The full text of the judgment is available on the official EU case-law database at eur-lex.europa.eu. The ruling has been reaffirmed in subsequent decisions and is the daily working framework for every serious licence reseller in Europe.

What this means for you as a buyer

When you purchase a used or surplus licence from a compliant European reseller, you receive a fully legal product key that activates directly with Microsoft (or the relevant publisher). You are not buying a crack, a generator or a grey-market import from outside the EEA, you are buying a real licence whose chain of title traces back to an original EU sale. Because the software itself is downloaded from the official manufacturer servers, there is no difference in quality, updates or security between a new retail copy and a resold one.

Licendi's credentials and partner status

Licendi is the commercial brand of meeco global services S.L., a Spanish company and a verified Microsoft partner. For additional background on the products we sell and the legal framework under which we operate, please consult the resources below.

Activation guarantee and post-sale support

Legality on paper is worthless without a reseller who stands behind the product. Every licence sold by Licendi comes with an activation guarantee: if the key does not activate on a compatible system, we replace it free of charge. Our multilingual support team resolves the vast majority of activation queries on the same working day, and our customers consistently highlight this post-sale service in their reviews, which is how we have positioned ourselves among the top-rated software companies on Trustpilot.

One important caveat applies to OEM licences, which are designed for a single activation and are tied to the first device on which they are installed. If the motherboard is replaced, the device is reformatted in certain ways, or the key is transferred to new hardware, the OEM licence may be lost. If you anticipate moving your licence between devices, a retail key is the safer choice. For a full breakdown of the differences, see our guide on OEM, retail and bound licences.

Digital delivery, real product

All our licences are delivered digitally by email within minutes of payment confirmation. The installation files come directly from the publisher, only the product key is provided by us. If you are unsure whether a digital licence is equivalent to a boxed copy, our article on digital versus physical licences explains the practical and legal equivalence in detail. You can also read why thousands of European customers buy directly from Licendi rather than from marketplaces.

Browse our catalogue

Ready to put the theory into practice? Explore our most popular category, Windows licences, or jump straight to a best-seller such as Office 2021 Professional Plus. Every purchase is protected by the UsedSoft legal framework, our activation guarantee, and a support team that actually answers.

Best regards,
The Licendi Team