Product Authenticity

Legality of Products (WOW SOFT – Elite Soft Store SRL)

Elite Soft Store SRL (commercial name: WOW SOFT) sells original software licenses and digital products, with a strong focus on legal compliance and traceability. The purpose of this page is to explain, in clear and simple terms, why and under what conditions the resale of software licenses is permitted in Romania and in the European Union.

1) What We Guarantee

We undertake to deliver products that are:

Original and valid (authentic keys/licenses, usable according to the intended purpose of the product);
Lawful, meaning they originate from permitted commercial channels and comply with the EU principles applicable to the distribution of computer programs;
Accompanied by commercial documents (usually an invoice) and support for activation/installation, in accordance with our policies and applicable law.

Note: Some products are perpetual (“lifetime”), while others may be subscription-based or valid for a fixed period, in which case the duration is explicitly stated on the product page and/or in the manufacturer’s documentation.

2) Where the Products Come From and How We Ensure Traceability

The products we sell are obtained from sources such as:

authorized or specialized distributors/partners (B2B);
lawful supply chains within the European Union;
situations permitted under EU law regarding the resale of perpetual licenses (including “second-hand/refurbished” licenses, where the product is listed as such).

In practice, depending on the type of product, we verify:

the consistency of the product (edition, license type, channel, usage rights);
the existence of commercial documents and/or proof of origin;
compliance of the delivery with the manufacturer’s general usage rules (EULA/official terms).

3) New Licenses vs. “Refurbished/Second-Hand” Licenses

3.1 New Licenses

These are licenses placed on the market for the first time through standard commercial channels.

3.2 Refurbished/Second-Hand Licenses (Where Applicable)

In the European Union, for computer programs, there are situations in which the resale of a perpetual license is permitted under the principle of exhaustion of the distribution right. In essence, after the first lawful sale in the EU of a copy/license, the distribution right may be considered exhausted under certain conditions.

A major landmark is the CJEU judgment in case C-128/11 (UsedSoft v. Oracle), which confirmed that, under certain conditions, a perpetual license may be resold, including where the software was obtained by download, and the new purchaser may become a lawful acquirer.

The CJEU also clarified important aspects regarding the conditions and limits of resale, including matters related to tangible media and proof of lawful acquisition, in case C-166/15 (Ranks and Vasiļevičs).

4) Relevant Legal Framework (EU + Case Law)

4.1 European Union – Computer Programs

Directive 2009/24/EC on the legal protection of computer programs (the main legal basis for the use/distribution regime and exhaustion in the software field);
CJEU, C-128/11 (UsedSoft v. Oracle), 3 July 2012 – principles regarding the exhaustion of the distribution right for perpetual licenses and downloaded software;
CJEU, C-166/15 (Ranks and Vasiļevičs), 12 October 2016 – clarifications regarding conditions and limitations, including aspects related to copies on tangible media and proof of lawful acquisition.

4.2 Germany – Relevant Case Law (Historical Example)

Bundesgerichtshof (BGH), I ZR 244/97 (OEM-Version), 6 July 2000 – a decision often cited in the context of the resale of OEM licenses and the application of the exhaustion principle in practice.

4.3 Directive 2001/29/EC (InfoSoc) – Clarification

Directive 2001/29/EC is the general framework for copyright in the information society. In the case of computer programs, however, the primary legal framework remains Directive 2009/24/EC.

5) What “Lawful” Means in Practice for the Customer

When you buy from WOW SOFT, you can expect:

a product/key that matches the description (edition, license type, platform);
installation/activation instructions;
reasonable support in case of technical errors;
respect for consumer rights where applicable, depending on the nature of the product (digital, activated/non-activated, etc.).

However, the customer remains responsible for proper use, including:

installing/activating the product according to the instructions;
not using the same license simultaneously on multiple devices if the license type does not allow it;
complying with the manufacturer’s terms (EULA) and applicable law.

6) What We Do Not Promote or Encourage

WOW SOFT does not encourage or support:

the use of activators, cracks, keygens, or methods designed to bypass licensing mechanisms;
the use of products outside the rights granted by the license;
false association with manufacturers (for example, presenting ourselves as an “official partner” where no such status exists).

7) Independence from Manufacturers (e.g. Microsoft)

Elite Soft Store SRL is an independent retailer. Trademarks and product names belong to their respective owners. The sale of products is carried out within the limits of applicable law and does not, by itself, imply the existence of any partnership or affiliation with the manufacturer unless such a relationship is expressly stated.

8) Questions or Complaints

If you need clarification regarding the license type, compatibility, installation/activation, or if you would like additional information regarding commercial origin (within the limits of commercial confidentiality), you can contact us at:

Email: support@wow-soft.eu

9) Useful References (Public Documents)

CJEU – UsedSoft (C-128/11) – public summary/press release
CJEU – Ranks and Vasiļevičs (C-166/15) – judgment text
Directive 2009/24/EC – legal protection of computer programs