Legal information about our products

licendi.com is a web platform for used licences. The licences for Windows and other computer products available in the licendi.com shop are cheap, secure, legal and with guaranteed activation.

Here you will find general information about the used computer product, an overview of the most important legal information as well as answers to frequently asked questions from our customers (“FAQ”).

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1. USED SOFTWARE

Used software may be freely sold in the European Union as well as in the UK, depending on the applicable jurisdiction, provided that the necessary conditions are met. The necessary conditions are as follows:

The software product must have been originally marketed by sale with the consent of the rights holder in the territory of the EU or a state participating in the EEA Agreement.
The software licence must have been granted against payment of a fee enabling the rightholder to receive remuneration corresponding to the economic value of the copy of the software.
The rights holder has granted the first purchaser the right to use the software permanently (indefinitely).
Improvements and updates to the software downloaded by the subsequent purchaser as compared to the software downloaded by the first purchaser must be covered by a maintenance contract concluded between the author or rights holder and the first purchaser.
The original licence holder must have rendered his copies unusable.
In addition, the seller must point out to the customer that the acquisition of a product key by transmitting a combination of numbers and letters in digital form does not yet constitute a licence to use the programme legally. Corresponding information can be found on this page under point 2 and elsewhere on our website.

Licendi.com ensures that the above requirements are met and that the legal use of the software is guaranteed. The requirements of European legislation are also met in the UK.

You can find more information at

University of Bern
Legal assessment
If you wish to receive legal advice, please feel free to contact Grannville Consulting for leading advice on any matters concerning Europe.

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2. THE MOST IMPORTANT LEGAL INFORMATION ABOUT OUR PRODUCTS

There is a lot of legal information about used software. We will be happy to provide you with the necessary information. You can contact us at any time via the contact form. In the meantime, here is a brief summary of the most important legal information:

We only offer product keys for the activation of the respective software. This is not yet a licence.
The licence only comes into effect with the installation and acceptance of the terms of use, which regulate the right of use between you and the respective manufacturer.
The principle of exhaustion has usually occurred or the licence is “exhausted” as soon as the product has been legally put into circulation for the first time. The current offering is software that has been put into circulation for unlimited use in the form of an activatable product key with the option to download the software. Microsoft or any other supplier of the software has received an appropriate compensation for this.
With us, you have access to used licences at particularly attractive prices from volume licence agreements, which must be legally treated like volume licensees for the initial purchase.
All brand names and logos are registered trademarks whose use here is for the purpose of product description only. The property right lies with the respective trademark owner.

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3. RIGHT OF REVOCATION

In the case of distance contracts concluded by telephone, via the internet or when ordering from a catalogue, EU law provides for the possibility for the consumer to withdraw from the contract for a certain period of time (“right of withdrawal”). In this sense, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed to his or her independent commercial or professional activity.

Consumers have the right to withdraw from the contract within fourteen calendar days without giving any reason. The withdrawal period begins on the day on which the contract is concluded.

In order to exercise your right of withdrawal against licendi.com, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). To do so, you can contact us using the following information:

meeco Servicios Globales S.L.
Avenida Cataluña 16Edificio
Baobab (8ª Planta)
03540 Playa de San Juan Alicante
Spain

E-mail: info@licendi.com

Phone: (+34) 900 649 002

licendi.com also offers a sample cancellation form.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal to meeco Servicios Globales S.L. before the expiry of the withdrawal period.

If you withdraw from this contract, we must repay you all payments that we have received from you for the order in question, including the delivery costs (with the exception of the additional costs resulting if you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. You will not be charged for this refund under any circumstances.

The right of withdrawal does not apply to contracts for digital content that is not delivered on a physical medium (e.g. delivery of product keys by email) if the licendi.com has started to perform the contract after the consumer:

expressly agreed that the company may start the execution of the contract before the end of the withdrawal period; and
has confirmed his knowledge that he loses his right of withdrawal at the beginning of the execution of the contract.

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4. FAQ (FREQUENTLY ASKED QUESTIONS)

4.1. CAN WE OFFER THE USED SOFTWARE AND THE LICENCES FOR ITS USE TO THIRD PARTIES?

A used software licence is generally freely saleable in the UK and in the EU. Both UK courts and the European Court of Justice have already issued rulings confirming this.

There are also no contractual barriers as long as the resale of the standard software is not prohibited or restricted in the licence agreement between the provider and the first purchaser. Furthermore, the contractual barriers are only effective between the author and the first purchaser, which means that as a subsequent purchaser of the product keys or software licences, you can use them without any problems.

4.2. WHAT IS THE LEGAL STATUS OF THE FREE SALE OF SOFTWARE USED IN THE EU AND THE UK?

In the UK and in the European Union, the sale of second-hand software is permitted.

The Copyright Act Royal Legislative Decree 1/1996 clarifies that a computer program sold by the author can be resold and used (so-called principle of exhaustion). This means that the author has lost his right to decide on its further distribution with the sale or after the sale of a working copy (this includes the software).

On the basis of this principle, a court in Switzerland confirmed in its judgement of 4 May 2011 against the software manufacturer Adobe (Cantonal Court Az. ES 2012, 822) that trade in used software licences is generally permissible under Swiss law.

The EU courts came to the same conclusion. For example, the Munich Regional Court ruled in its judgment of 4 April 2008 (on case no. 30 O 8684/07) that no further consent from Microsoft is required for the resale of individually used Microsoft software licences from a volume licensing agreement. This decision was later confirmed by the UK Federal Supreme Court and the ECJ. Thus, in 2014, the Federal Court of Justice, citing a ruling of the European Court of Justice, ruled that trade in used software is largely unrestricted and that this software is therefore generally available for sale.

4.3. WHAT ARE THE CONDITIONS FOR THE EXHAUSTION OF THE AUTHOR'S DISTRIBUTION RIGHT?

In order for the author’s distribution right to be exhausted, it is in particular necessary that:

the software was originally put into circulation in the EU, the EEA or the UK by sale with the consent of the author;
the author grants this licence against payment of a reasonable fee;
the author has granted the first purchaser a perpetual right to use the copy;
Upgrades and updates are covered by a maintenance agreement concluded between the author and the initial purchaser; and
the first purchaser has rendered the copy of the software installed on his computer unusable (e.g. by permanently deleting it)

4.4. WHAT DOES LICENDI.COM SELL?

licendi.com sells product keys that enable the use of a computer program. This means that the terms of use of a licence are determined by the terms of use that you accept when downloading.

4.5. WHAT ABOUT SUPPORT AND UPGRADE SERVICES WHEN BUYING USED SOFTWARE LICENCES?

There is no difference here to the original purchase. The buyer of used software licences is also entitled to all services related to the software.

4.6. IS FULL PROOF OF THE CHAIN OF SALE BACK TO THE COPYRIGHT HOLDER REQUIRED WHEN BUYING A USED SOFTWARE LICENCE?

There is no difference here to the original purchase. The buyer of used software licences is also entitled to all services related to the software.

No, complete proof is not required. However, professional providers such as licendi.com show the corresponding supply chain in full, so that it is documented that the licences sold actually exist and were acquired legally.

By purchasing from us, you will not experience any unpleasant surprises, but will acquire the existing rights to effectively used software licences with a proven supply chain.

4.7. WHAT IS THE LEGAL STATUS OF VOLUME CONTRACTS? CAN THE DIFFERENT PARTS OF SUCH CONTRACTS BE SOLD SEPARATELY?

The principle of unrestricted saleability also applies to volume licences and the unbundling of volume licences for the purpose of separate resale, provided that the agreed maximum number of users continues to be observed.

A prerequisite for the lawful resale of the licence used is in any case that the first purchaser no longer needs the software to the extent of the resale and deletes the copies of the software existing on his computer to the corresponding extent.

This is also protected accordingly in European case law. For example, in its judgement of 4 April 2008 in the case 30 O 8684/07, the Regional Court of Munich ruled that no further consent from Microsoft is required for the resale of individually used Microsoft software licences from a volume licensing agreement.

The Hamburg Regional Court, which had already declared the sale of used software licences from volume contracts to be lawful in 2006, came to the same conclusion (LG Hamburg 315 O 343/06).

4.8. IS IT MANDATORY TO REGISTER A USED SOFTWARE LICENCE WITH THE MANUFACTURER?

No, there is no legal obligation to do so.

If the seller or the manufacturer have other contractual regulations, licendi.com will take care of the correct procedure.

4.9. DOES THE AUTHOR/PRODUCER HAVE TO EXPLICITLY AGREE TO THE RESALE OF USED SOFTWARE LICENCES?

No, in principle no further consent to resale is required. With the first sale, the author’s power of disposal over this copy of the software is exhausted and he may not set any further conditions for resale.

4.10. IN WHICH COUNTRIES CAN USED SOFTWARE LICENCES BE SOLD?

Used software licences can be sold within the EU, the EEA and the UK. For other countries, appropriate legal clarification must be provided in each case.

4.11. WHAT DOES "USED SOFTWARE" MEAN?

The term “used software” often raises questions and confusion because used software is often associated with current wear and tear. As with other products, software becomes second-hand software when it has already been used. However, software has the advantage that it is not usually subject to wear and tear. Installation and use do not cause wear and tear in the actual sense, but let the software become second-hand software by definition. Therefore, used software has the same high quality as software purchased directly from the manufacturer or an authorised dealer. Second-hand software does not lead to poor work results or wear and tear of components. Therefore, it is a good way for companies to reduce costs for the software licences they need by buying used software licences.

4.12. WHERE DO THE SOFTWARE USED LICENCES COME FROM?

These are usually licences from companies that sell unused or unneeded software licences for various reasons. The reasons can be consolidations or mergers. System changes or miscalculation within a company also releases used software licences. Or when a company ceases its business activities and the licences are therefore made available as part of a liquidation sale.

4.13. HOW DO I DOWNLOAD THE SOFTWARE?

You will receive a delivery note with the licence key and the transfer of rights to the seller. You will receive the download link via your access to our shop.

Under “My orders” you will find the link to our download centre. This is a RAR file. You must unzip it after downloading, then start the “installation” file and thus begin the installation process.

How and where do I enter the licence key? On your computer, click on: Windows key – Control Panel – Programs and Features. Your programme should be there.

4.14. DOES LICENDI.COM HAVE CUSTOMERS WHO HAVE ALREADY BEEN AUDITED FOR LICENCES SOLD?

Yes, several customers of licendi.com have already been successfully audited by the author of the software and have not been subject to any further legal proceedings regarding the used software provided by Licendi.com.

Please contact us via the contact form if you need more information about audits.

4.15. DOES LICENDI.COM HAVE REFERENCE CUSTOMERS?

licendi.com has already provided several reference customers in connection with the sale of product keys.

At the request of clients, licendi.es is willing to establish contact with reference clients. Please contact us directly via the contact form if you would like to be put in touch with a reference customer.

4.16. WHAT ARE DIGITAL PRODUCTS (DPS)?

ESD stands for “Electronic Software Distribution” or “Electronic Software Download” and refers to the distribution of software and games via the Internet. Therefore, when purchasing digital products, there is no need to send physical data carriers or access cards. You simply download the programme or game directly from the internet and install it.

4.17. What are the advantages of ESD?

The advantages of ESD are:

Unlimited availability;
The central location for your licence keys on our portal;
Available 24 hours a day;
No waiting time for delivery (sent by email within an hour of completing the order).

4.18. How does ESD work?

To download your programme or game from the server, proceed as follows:

Step 1: Complete the order. Place the desired item in the shopping cart and complete the ordering process. After you have completed the order, you will receive a confirmation by e-mail.
Step 2: E-mail confirmation. A short time later you will receive a second e-mail. In it you will find the product key. Next to the product key is a Copy button. Click on the button and copy the product key.
Step 3: Activate the software. Download the required software from the Download Centre. Install the software. Paste the desired product key from the clipboard. Finish the installation

4.19. YOU HAVE NOT FOUND THE ANSWER TO YOUR QUESTION? CONTACT US!

If you have a question that does not appear in the “frequently asked questions”, you can contact us via the contact form.