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news about second-hand Software

HRC Düsseldorf prohibits provision for SAP reactivation fee
Herzogenrath, 15 December 2014. – With a verdict from 25.11.2014 the higher regional court (HRC) of Düsseldorf has forbidden and deemed illegal a major German software manufacturer′s Terms and Conditions clause regarding the so-called ″reactivation fee″.  Found within the terms and conditions for the transfer and care of standard software was a clause that obligated the customer to pay a reactivation fee should they wish to make use of care services for used software licences. Below is a description (of several) from the terms and conditions: ″Furthermore, SAP may charge for reactivation, the amount of which SAP will state upon request.″ In the opinion of the HRC this clause violates general terms...
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Software volume licensing may be sold separately
BGH Judgment of 11 December 2014The judges have stated thereby that used software may be sold separately, if it has been acquired as a Volume License. In the years-long dispute between software vendors and companies dealing with used licenses, finally there is a legal certainty on the table. On 11 December 2014, the German Federal Court (BGH) has ruled that also the volume licenses may be sold separately.     ...
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SAP Software HANA on the second-hand market
Herzogenrath, 31 October 2014. – The Software-Group SAP has developed its own data base, HANA, and has presented it, for the first time, in 2010. After about three years since its availability, the first user issued the software as used software.The market leader for business software, SAP AG, entered a new business field once its own development of a database has been done, going in competition with other database vendors, such as Oracle and IBM. Because the SAP ERP Software works compellingly on a database, it is expected that SAP will conquer the market very quickly. SAP HANA was available, worldwide, from 2011, and is now available for the first time on the second hand market. In addition to the current SAP ERP ECC 6.0 version, susensoftware GmbH...
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Hope for the new SAP Terms and Conditions
Hope for the new SAP Terms and ConditionsHerzogenrath, 20 August, 2014. – The dispute surrounding the business model of SAP has now led to its first result. Since May, 2014, there have been new SAP Terms and Conditions for Germany and, from July, 2014, there are also new Terms and Conditions for SAP in Austria. The Group′s business model is also governed by its General Terms and Conditions (GTC). Perhaps the action of susensoftware Ltd has helped, somewhat.In October 2012, the company susensoftware Ltd, based in Herzogenrath, near Aachen, had filed a lawsuit against SAP Germany GmbH & Co. KG, at the Regional Court in Hamburg. Subject of this action were clauses in the General Terms and Conditions (GTC) of SAP, which...
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