Legal Basis of Our Business Model – EU Legal Framework and Pricing Structure

The resale of software licenses within the European Union is legally permissible under certain conditions. The decisive factor here is, in particular, the judgment of the European Court of Justice (ECJ) of 3 July 2012 (Case C-128/11 – UsedSoft v. Oracle).

Principle of Exhaustion under EU Law

The European Court of Justice has ruled that the right of distribution of the rights holder is "exhausted" when a software license is first placed on the market in the European Economic Area (EEA) with the consent of the rights holder.

This means:
If a license has been legitimately sold, it may in principle be resold, provided certain conditions are met.

These conditions include, in particular:

• The license was originally legitimately placed on the market.
• The original use has ceased.
• There is no duplication beyond the originally licensed scope.
• The license is passed on completely and not unlawfully split (unless permitted by licensing law).

This principle is known as the principle of exhaustion and is enshrined in European copyright law.

Implementation at SoftwareHub24

SoftwareHub24 considers the applicable European legal bases when procuring and distributing software licenses, in particular:

• the jurisprudence of the European Court of Justice,
• the copyright provisions within the EU,
• the respective product-specific license terms.

We ensure that the licenses we offer can be traded in accordance with the applicable legal requirements.

Digital Transfer and Legal Situation

The ECJ has expressly clarified that the principle of exhaustion can also apply when software was originally provided via download and no physical data carrier is present.

The resale of digitally transferred licenses is therefore not fundamentally excluded, provided the legal requirements are met.

Pricing and Economic Structure

Our pricing is based on a structured, fully digital business model.

We obtain software licenses through established wholesale and distribution channels. By purchasing larger license contingents, economic purchasing advantages can arise.

Additionally, we operate with a purely digital distribution structure:

• no stationary sales areas
• no physical warehousing
• no shipping of data carriers
• automated order and delivery processes

Since there are no classic retail, warehousing, or logistics costs, our fixed cost structure is significantly reduced. These efficiency advantages enable competitive pricing.

Our prices therefore result from economic efficiency and digital structure – not from circumventing legal or licensing requirements.

Quality Control and Internal Checks

Before digital provision, license keys are internally checked for technical activation capability. The goal is to provide only functional and properly usable product keys.

Should queries or activation problems arise in individual cases, our support team is available to assist.

Transparency and Compliance

We value:

• traceable procurement structures
• adherence to applicable European jurisprudence
• transparent presentation of our business model
• clear consumer information
• accessible customer support

Our legal texts (GTC, data protection, right of withdrawal) are regularly reviewed and updated by IT-Recht Kanzlei to comply with the respective applicable legal requirements.

Note

The specific right of use is always governed by the respective license terms of the product and the applicable legal provisions.