January 2018- Habibou M'BAYE
DOCUMENTING LICENCE TRANSFER
What is a license?
UA license is a right to use software licensed by its publisher. Therefore, in order to carry out a transfer, it is necessary to assemble a set of elements sufficient to characterize a license and its ownership.
First of all, a license must be identified according to its denomination and the metric of its rights of use according to the publisher’s product catalog. The online catalog makes it possible to check the designation associated with its article code (SKU) of most products from the main publishers. In cas of any doubt or in the absence of the catalog number, contact Trader Support Team.
Proof of license
The version of the software for which the rights of use have been granted is mentioned at the time of the initial acquisition, but the version that is the subject of the license transfer may be of a higher level. This is an evolution granted within the services of the maintenance program subscribed by the initial owner, or even the acquisition of an update license for a major version.
Concerning the description of usage rights, it is detailed in the license agreement as well as any amendments that have successively amended it.
Finally, in order to comply with the CJEU Judgment of 3 July 2012, the traceability of the various possible owners since the transfer of rights by the publisher or one of its distributors must be demonstrable.
Proof of purchase
This is usually the initial purchase invoice as well as any invoices for version updates that have been issued by the software publisher or its distributor. This document must explicitly reference the license that is the subject of the transfer.
Proof of renewals
If the version that is the subject of the transfer of license is different from the one mentioned on the proof of ownership, then the right to run this version must be demonstrated. In this case, maintenance invoices up to the official release date of the transferred version must be provided.
The contractual documentation
This is the license agreement, standard or specific, as well as any subsequent addendum that would amend the content.
About the Author:
President and founder of SOFTCORNER, Habibou is an expert and a pioneer of the secondary market for software licenses.
Highly involved in the European ecosystem, he is convinced that, in a software industry undergoing an overhaul, the application of the virtuous principles of the circular economy will be the next big (r)evolution of the SAM, bringing to companies required agility to face their many challenges.