Wiresoft offers Microsoft software programs at a particularly favourable price, which is usually significantly lower than the sales price of other software vendors. In addition, you can find program editions in the Wiresoft software shop, which are hardly to be found in regular shops. One reason for our broad and at the same time low-priced offer of Microsoft software is that the licenses offered in each case are components of earlier volume licenses, i.e. they were once part of a license package that only larger companies can purchase through the Microsoft volume license program. The purchase of such a single volume license thus offers you several advantages over a conventional single user license.
Even if you repeatedly read in various forums on the web about doubts as to whether the trade with volume licenses is legal, you can be sure that with Wiresoft as your partner in the software purchase of these licenses you are guaranteed to be on the safe side of the law. In the following you will find all important information about this:
When purchasing a Microsoft software license, a buyer can choose between a normal single license (for individuals) or a volume license (for businesses) - this contains at least five such single licenses, but usually a much larger number of them.
Strictly speaking, the term "volume license" always means a numerically defined bundle of individual licenses, comparable to a bulk package. On the web, however, one often reads about "one" volume license in the sense of a single license from a volume, which is actually not correct, but has become common practice in forums etc. In this respect, the question "Are volume licenses legal?" should actually be correct: "Is it legal to split a volume license and sell or buy the individual licenses it contains? The following explanations try to consider this difference in understanding.
Private individuals can usually only purchase a retail package (Full Packaged Product - FPP) with a single license that entitles them to use it on their own PC, or it is already pre-installed as an OEM (Original Equipment Manufacturer) version when they purchase a PC and can then only be used on one additional, usually mobile device.
On the other hand, companies and institutions with a large number of PC workstations can purchase a larger number of individual software licenses as a package, called volume licenses by Microsoft.
There are several advantages to buying volume licenses for businesses: First, Microsoft offers large discounts, so that a single volume license is significantly less expensive than the equivalent number of individual licenses of the same software.
On the other hand, volume licensing simplifies the installation and administration of this software. The license terms also offer various options for the type of use: companies can generally choose between unlimited use of the software or a temporary lease in the form of a subscription, which can then be extended.
The usual prerequisite for concluding a volume license agreement is that the company in question has at least 250 computers on which the volume license(s) can be used. However, Microsoft also offers Volume Licensing for small businesses and public institutions.
Typical benefits of volume licensing for companies at a glance
The Microsoft Volume Licensing System, which we will briefly introduce below, regulates the details in individual cases.
The Microsoft Volume Licensing System, the complete terms and conditions of which are contained in the "Microsoft Volume Licensing Product Terms", regulates the requirements as well as all other conditions that apply to the purchase and use of volume licenses. All purchasers must agree to these terms when purchasing a software license in order to use the software. Elsewhere referred to as the End User License Agreement (EULA), these are called the Microsoft Software License Terms. The End User License Agreement explains what volume licensing programs are, the terms and conditions of purchase, and the benefits they provide.
Volume licensing of software reduces a company's acquisition costs while simplifying its use on multiple computers.
Since no physical data carriers such as CD-ROMs or DVDs are required for volume licenses, this alone reduces the price compared to a suitably packaged single license. Most importantly, volume licenses include more flexible licensing options as well as the option or obligation of product support.
The corresponding license agreement for the Microsoft volume license program regulates the rights of use for the software, e.g. whether it can be installed and used on more than one end device and for how long. Depending on the license agreement, different agreements apply to the volume licenses.
Microsoft volume licensing programs are usually divided into two main categories, based on the size of a company or the number of PC workstations on which the licensed software is to be used:
Other criteria for selecting the most appropriate Microsoft Volume Licensing program for an organization are the overall size of the organization, the type of software (e.g., for servers or users) to be licensed, and the way it will be used: For example, volume licenses for MS Office have only one type of license, while the corresponding ones for server systems with client access licenses (CALs) have different licensing options: A further distinction is made here between access licenses for users (User CALs) and those for end devices (Device CALs).
Volume licenses can have different useful lives - according to Microsoft, they are usually either "unlimited in time" or "limited in time". Temporary licenses are comparable to a subscription, which can either expire or be renewed after the contractually agreed term has expired.
Depending on the requirements of a company, Microsoft volume license agreements contain further provisions and rights of use. For example, the Standard Open License governs the activation and management of the volume license and additional rights, especially for smaller companies, for example when agreeing on software assurance:
Furthermore, additional agreements apply depending on the volume license agreement.
The possibility of splitting a volume license bundle, which originates from the inventory of a larger company, into individual licenses, means that private customers can also benefit from the significantly lower price compared to conventional individual licenses. Since these licenses are then purely purchased versions - and not subscription versions - any previous paid updates or other services such as Software Assurance are also no longer required.
In addition to the considerable price advantage already mentioned when purchasing such products as so-called individual volume licenses of Microsoft Standard - both for first-time and second time buyers - they also offer the advantage of benefiting from a much broader software portfolio: Many editions of Microsoft software programs are not normally offered as single licenses at all - neither as purchased nor subscription versions, but are reserved exclusively for volume license customers. Often these editions are characterized by an extended scope of programs, such as the Professional Pro Editions of MS Office, but this also applies to server licenses.
The purchase of such a single volume license from Wiresoft then offers the only possibility to purchase such an edition as a private person or self-employed person, or even for individual employees of a smaller company whose number is below the minimum size defined in the Microsoft volume license program.
Splitting a volume license into individual licenses for resale to individuals is generally perfectly legal. The only condition is that the respective software license has been deleted or uninstalled on the original end device. This is because the exclusive right of distribution of the manufacturer (Microsoft) expires with the first sale. There are a number of binding decisions on this issue, both by the Federal Court of Justice in Germany and by the European Court of Justice, which clearly permit the resale of such licenses derived from former volume licenses:
Even though some vendors still use the argument that trading individual volume licenses from a Volume License Package is illegal, this statement contradicts the current case law in Germany and the EU. In several judgments it has been clearly decided that merchants like Wiresoft may legally offer such split volume licenses for purchase or customers may purchase them. Contract clauses that prohibit the trade with used or volume licenses are therefore basically without legal effect.
In the meantime, Microsoft has also confirmed these judgements and adapted its license terms accordingly: For example, it is no longer necessary to take out the previously required Software Assurance (SA) when purchasing an Enterprise version of a server software that originates from a volume license agreement. This means that such individual licenses can be used without a maintenance contract.
In a landmark decision of July 6, 2000, the German Federal Supreme Court (BGH), based on the principle of exhaustion of the German Copyright Act (UrhG), ruled that a software can be legally resold at any time if its producer has sold it for the first time with his consent. The manufacturer thus profits only once from the sale of his product. The European Court of Justice (ECJ) underscored this decision once again in a ruling dated July 3, 2012.
The basis for these court decisions is the legal concept of the so-called principle of exhaustion in the German Copyright Act (UrhG). The principle of exhaustion states that property rights which are subject to exhaustion are generally consumed as soon as the protected object has been lawfully put on the market for the first time - i.e. sold. The author therefore no longer has any influence on what the first buyer does with the purchased goods. According to § 69 c No. 3 sentence 2 of the German Copyright Act, the principle of exhaustion also applies to the course of a software.
The product keys from a volume license agreement are also subject to the principle of exhaustion. This was clearly emphasised by the Federal Court of Justice (BGH) in the reasons for the ruling in the so-called UsedSoft III proceedings of 17 July 2013 (file number I ZR 129/08). Thus, the right to distribute software applies not only to the download of the first purchaser, but also to copies made for resale, as is necessary for the splitting of Microsoft volume licenses. This also does not require the consent of Microsoft. Thus, you as a buyer can be sure to do a legally sound business with Wiresoft when buying Microsoft software that originates from a volume license.
Within Germany and the EU, Microsoft is bound by German case law and the rulings of the European Court of Justice and therefore cannot object to the resale of a volume license. Conversely, however, this means that different case law may apply outside the EU.
If a company acquires such licenses originating from volume licenses, it is not required to provide evidence of this during an audit, as these licenses were not acquired through a direct contract with Microsoft and therefore the audit clause does not apply.
In the software shop of Wiresoft you will find a wide range of single user volume licenses for various Microsoft programs - from current Office and Office to Windows operating systems and single user CALs for server licenses.
If you have any further questions about purchasing volume licenses in the Wiresoft Software Shop, please contact us by e-mail, phone or here in the chat.