usedSoft Wiki

¿ALGUNA OTRA PREGUNTA?
EL WIKI DE USEDSOFT LE OFRECE LA RESPUESTA.

Aquí encuentrará  respuestas a preguntas habituales así como un extenso glosario de términos.

Preguntas habituales

¿Quiénes son nuestros compradores?

usedSoft desarrolla su actividad exclusivamente en el ámbito B2B y vende las licencias con fines meramente profesionales. Entre nuestros clientes hay empresas, distribuidores y autoridades.

¿Qué documentación se incluye?

Con cada pedido nuestros clientes reciben un albarán de entrega y una factura. Esta documentación es suficiente para poder acreditar que las licencias se han adquirido legítimamente. Además, cuando sea necesario, en un anexo aparte suministramos las claves de la licencia para la activación del software en cuestión. Quedan exceptuadas las licencias CAL, ya que estas no se activan mediante código.

¿Debo presentar los justificantes de compra del proveedor de software o someterme a una «auditoría?

En términos generales, los usuarios de software no están obligados a justificar ante el proveedor un derecho de utilización que ya no esté fundado. El usuario tampoco está obligado a someterse sin más a una auditoría. En ese sentido, tampoco puede concluirse una obligación legal de las correspondientes sentencias del Tribunal de Justicia de las Comunidades Europeas (TJCE) ni del Tribunal Federal Supremo (TFS), las cuales confirman sin lugar a dudas la legalidad de la utilización de software usado.

¿Es posible vender separadamente licencias de software que forman parte de un contrato de licencias por volumen?

Las licencias individuales de software pertenecientes a contratos de licencia por volumen de Microsoft pueden ser revendidas una vez utilizadas. Tal fue la resolución de la audiencia provincial de Múnich I en el marco de un proceso de pago de precio de compra que tuvo lugar el 4 de abril de 2008 (nº de exp. 30 O 8684/07). Esta sentencia es irrevocable.

La audiencia provincial de Múnich juzgó “que la venta o el traspaso de licencias de software individuales de Microsoft que han sido entregadas previamente en el marco de contratos de licencias por volumen es posible en principio de un modo efectivo aun sin el consentimiento de Microsoft.” En términos concretos, esto quiere decir que cuando Microsoft vende varios derechos de utilización en un paquete por volumen, p.ej. con solo un CD maestro, su derecho de difusión se agota con respecto a cada licencia individual. En consecuencia, éstas pueden ser revendidas individualmente, y no solo en la forma del paquete original. Con esta sentencia, la audiencia rechazó la interpretación jurídica de Microsoft, según la cual el comprador de una licencia por volumen no adquiere ninguna licencia individual, sino solo un derecho de reproducción.

La audiencia provincial de Múnich se refirió expresamente a la sentencia de la audiencia provincial de Hamburgo, la cual, ya en junio de 2006, declaró como admisible la reventa de licencias individuales de Microsoft pertenecientes a contratos de licencia por volumen (nº de exp. 315 O 343/06). Con esta sentencia, la audiencia provincial de Hamburgo refutó claramente la argumentación de Microsoft, según la cual la división de licencias por volumen no está autorizada a causa de haberse ofrecido unas condiciones de compra más ventajosas. Según la sentencia, esto es “totalmente irrelevante con respecto al comienzo del agotamiento de los derechos de propiedad.” Por último, la audiencia de Hamburgo subrayó que las cláusulas de las condiciones de licencia de Microsoft que limitan la reventa son ineficaces: el agotamiento es un “derecho obligatorio que no puede ser estipulado de manera contractual.”

La prohibición de división mencionada en la sentencia del TJE del 3 de julio de 2012 se refiere exclusivamente a las licencias de Oracle allí tratadas. Esto también fue confirmado por la sentencia de audiencia territorial de Fráncfort del 18 de diciembre de 2012 (nº de exp. 11 U 68/11) 

¿Cómo se efectúa limpiamente la adquisición de software usado?

Con el fin de que usted pueda comprender cómo efectuar paso a paso la compra de una licencia, a continuación encontrará cada uno de los procesos:

En caso de compra en la tienda virtual:

1. Usted encarga el software en nuestra tienda en línea.
2. A continuación recibirá la confirmación de recepción de su pedido.
3. Poco después recibirá la confirmación del pedido, con lo que la compra se llevará a cabo.
4. Recibirá su software dentro del plazo estipulado, junto con:
    - El albarán de entrega y la factura (como justificante de la adquisición legal del
      derecho de licencia)
    - Las claves de licencia y, dado el caso, un soporte informático para la instalación
      (CD/DVD)
5. Con la liquidación final de la factura la compra quedará debidamente concluida.

En otro caso:

1. Usted dirige una solicitud a usedSoft.
2. usedSoft le hará llegar una oferta.
3. Usted confirma la oferta que se le haya presentado.
4. usedSoft le hará llegar la confirmación del pedido, con lo que la compra se llevará a cabo.
5. Recibirá su software dentro del plazo estipulado, junto con:
    - El albarán de entrega y la factura (como justificante de la adquisición legal del
      derecho de licencia)
    - Las claves de licencia y, dado el caso, un soporte informático para la instalación
      (CD/DVD)
6. Con la liquidación final de la factura la compra quedará debidamente concluida.

¿Debo registrar siempre el software usado adquirido con el fabricante?

No es necesaria ninguna obligación general de registro con el fabricante de software para el software vendido por nosotros. Por tanto, cualquier cláusula del contrato de compra que indique lo contrario es básicamente ineficaz, ya que cualquier obligación de registro impuesta contractualmente es incompatible tanto con el principio de agotamiento como con la libertad de disposición fundamental del propietario.

¿Debe autorizar el fabricante de software la venta de licencias usadas?

No, la autorización del fabricante de software no es necesaria para la venta de licencias usadas. Al proveedor de software no le corresponde en ningún modo ejercer tal influencia –dependiente de su autorización– sobre la venta posterior, por lo que las cláusulas a tal efecto contenidas en contratos de compra son normalmente ineficaces, ya que cualquier reserva del derecho de autorización impuesta contractualmente es incompatible tanto con el principio de agotamiento como con la libertad de disposición fundamental del propietario. Antes bien, esto le daría al fabricante la posibilidad de negarse a dar su autorización, lo cual contradice la sentencia del TJE.

¿Cuál es la situación legal en Suiza?

El software usado también puede ser comprado y vendido en Suiza, siempre y cuando el software del fabricante sea transferido con su consentimiento. Eso dice el art. 12, párr. 2 de la Ley Federal Suiza sobre derechos de autor y los derechos de protección relacionados (URG): “Una vez que un autor (...) ha vendido un programa de ordenador o autorizado su venta, éste podrá ser utilizado o revendido.” Además, el 4 de mayo de 2011 se produjo un fallo positivo del tribunal suizo de apelación del cantón de Zug contra Adobe. El Dr. Cyrill Rigamonti, profesor de derecho de la Universidad de Berna, también confirma claramente en un artículo que la reventa de software en Suiza es totalmente lícita: “El comercio con software usado es (...) admisible según el derecho suizo de la propiedad intelectual.” Además, al realizarse la primera venta ya se cuenta definitivamente con la autorización del fabricante por el mismo hecho de que ésta se efectúe.

glosario de software usado

Microsoft Office

Microsoft Office Standard 2013

Microsoft Office 2013 Standard includes: Word 2013, Excel 2013, Outlook 2013, PowerPoint 2013, OneNote 2013, Publisher 2013.

The new MS Office 2013 has been redeveloped from the ground up, and is not merely a facelift to its predecessor. This version is simply teeming with clever new IT solutions for all of your everyday and non-everyday tasks and challenges. The user interface is structured to be clear and user-friendly, and is easy to navigate with your PC's mouse as well as with your tablet's tactile screen. Whether you're an Office expert or a newcomer, MS Office 2013 will have you working productively right from the first minute. Forget about irritating hardware problems. The new MS Office works on tablets just as well as it does on high-performance ultrabooks and large HD monitors.

MS Office 2013 provides companies with outstanding compatibility among software solutions, making your business even stronger when combined. Work even more effectively with the new versions of Word, Excel, & Co.

With MS Office 2013, you'll be working in the cloud from now on. Edit files and documents both online and offline, with access to your files at any time regardless of where you happen to be at the moment. This function is compatible with nearly all of devices, such as PCs, smartphones, and tablets.

All you need to do is set it up, and you can get started right away:

  • Simple installation makes it possible for you to get to work without delay
  • User accounts can be created quickly
  • Automatic updates - always up-to-date and secure

Less frustration for your IT department:

  • Integrated protection against malware and spam
  • Low level of IT resource consumption

System requirements:

Computer and processor: x86-bit or x-64Bit processor of at least 1 GHz or faster and SSE2, memory: 1 GB RAM (32-bit version); 2 GB RAM (64-bit version) hard drive: 3.0 GB memory available, drive: CD-ROM or DVD drive, monitor: Resolution of 1366 x 768, .NET version: 3.5, 4.0, or 4.5, operating system: Windows 7, Windows 8, Windows Server 2008 R2, or Windows Server 2012

Microsoft Office Professional Plus 2013

Microsoft Office 2013 Prof. Plus includes:  Word 2013, Excel 2013, Outlook 2013, PowerPoint 2013, OneNote 2013, Publisher 2013, Lync 2013, Access 2013, InfoPath 2013

The new MS Office 2013 Prof. Plus has also been redeveloped from the ground up, and is not merely a facelift to its predecessor. This version is simply teeming with clever new IT solutions for all of your everyday and non-everyday tasks and challenges. The surface is structured in a clear, user-friendly manner, and is easy to use with your PC's mouse as well as with your tablet's tactile screen. Whether you're an Office expert or a newcomer, MS Office 2013 Prof. Plus will have you working productively right from the first minute. Forget about bothersome hardware problems. The new MS Office works on tablets just as well as on high-performance ultrabooks and large HD monitors.

In addition to the tried and tested Office Standard applications Word, Excel, PowerPoint, OneNote, and Outlook, MS Office 2013 Prof. Plus also features the practical new functions of Access, Infopath, and Lync. You'll profit from these useful additional functions:

  • The team mailbox distributes e-mails and documents among all project members, encrypts important e-mails, and stores meetings and chat protocols.
  • Business intelligence: Search through large volumes of data using cross-tab analysis for a comprehensive overview
  • Manage the e-mail folder with a large palette of tools and functions, and define automatic storage guidelines
  • Integrated electronic forms and enhanced InfoPath forms are now also available for SharePoints - Keep an eye on your business workflows even on mobile devices

With MS Office 2013 Prof. Plus, you'll be working in the cloud from now on. Edit files and documents both online and offline, and access your files at any time, regardless of where you are at the moment. This function is compatible with nearly all of your devices, such as PCs, smartphones, and tablets.

All you need to do is set it up, and you can get started right away:

  • The easy installation means you can get work done without losing time
  • User accounts can be created quickly
  • Automatic updates - always up-to-date and secure

Less frustration for your IT department:

  • Integrated protection against malware and spam
  • Less consumption of IT resources

System requirements:

Computer and processor: x86-bit or x-64Bit processor of at least 1 GHz or faster and SSE2, memory: 1 GB RAM (32-bit version); 2 GB RAM (64-bit version) hard drive: 3.0 GB memory available, drive: CD-ROM or DVD drive, monitor: Resolution of 1366 x 768, .NET version: 3.5, 4.0, or 4.5, operating system: Windows 7, Windows 8, Windows Server 2008 R2, or Windows Server 2012

Microsoft Office Standard 2010

Contains: Word 2010, Excel 2010, PowerPoint 2010, OneNote 2010, Publisher 2010, Outlook 2010, and Office applications

The MS Office 2010 Standard package equips your employees with powerful options. Remain geographically independent. Perform your work the best it can be done, regardless of where you happen to be. It doesn't matter whether you are using a computer, a telephone, or a web browser. From insightful updates for Excel, PowerPoint, and Word to an easy-to-follow view of your e-mails via Outlook, MS Office 2010 Standard will promote team productivity while retaining well-known, intuitive tools.

Requirements

You'll need a suitable device, an Internet connection, and a web browser, such as Internet Explorer, Firefox, or Safari. For some mobile functions, you'll also need Office Mobile 2010, which is not included in the applications, suites or Office web apps in Microsoft Office 2010. There are several differences between the features offered by Office web apps, Office Mobile 2010, and the Office 2010 applications.

Microsoft Office Professional Plus 2010

Contains: Word 2010, Excel 2010, PowerPoint 2010, OneNote 2010, Publisher 2010, Access 2010, Outlook 2010, InfoPath 2010, Communicator 2010, Office web applications, SharePoint Workspace 2010 (formerly Groove), advanced integration with servers

MS Office 2010 Prof. Plus provides you and your employees with a package of applications facilitating entirely new possibilities for work. The new Office makes you mobile, making it possible to work from various locations with more devices than ever before. Make your work not only mobile, but above all else more productive and efficient, regardless of whether you are using a PC, a smartphone, or a web browser.

 

MS Office 2010 Prof. Plus is a complete package with well-known and intuitive applications that make work easy. Networking and simplifying your data is no longer a problem, from user-controlled upgrades for Excel, PowerPoint, Word, and Outlook to new options for server integration making it easy for anyone at your company to track important information, create reports, or using all of these possibilities mutually.

Requirements

Processor: 500 MHz or higher, RAM: 256 MB or higher, hard drive: 1.5 GB - part of this hard drive space will be released again after installation once the original download package has been removed from the hard drive. CD-ROM or DVD drive, monitor: Resolution of 1024 x 768 higher.
Windows XP with Service Pack (SP) 3 (32-bit), Windows Vista with SP1 (32-Bit or 64-bit), Windows Server 2003 R2 (32-Bit or 64-bit), Windows Server 2008 with SP2 (32-bit or 64-Bit), Windows 7 (32-bit or 64-bit). Terminal servers and Windows on Windows (WOW) (permits installation of 32-bit Office 2010 versions on a 64-bit operating system).

Microsoft Office Standard 2007

NOTE : Microsoft Office Standard 2003 is no longer available in the store of usedSoft

Contains: Word 2007, Excel 2007, PowerPoint 2007, Outlook 2007

With MS Office 2007 Standard, users can now complete their work tasks faster than ever. The new user interface makes this software easy to use. Creating documents that look incredible is now a matter of child's play. MS Office 2007 is particularly well suited to home users and small companies, providing basic Office software.

With MS Office 2007 Standard, you can also create calculation tables, presentations, and e-mail messages with the ease and efficiency you are accustomed to. It's now even easier to manage calendars and contacts. With improved menus and tools, enhanced graphics and formatting features, new tools for managing time and communication, and higher levels of reliability and security, MS Office 2007 Standard makes working from home or at the office even easier and more comfortable.

System Requirements

Operating system: Microsoft Windows XP Service Pack (SP) 2 or later, or 
Microsoft Windows Server 2003 (or later) required.
Computer and processor: 500 MHz processor or higher; 256 MB RAM or more; DVD drive; 1 GHz and 512 MB RAM or more required for running Microsoft Office Outlook 2007 with Business Contact Manager.

Hard drive: 2 GB required for installation. Part of this hard drive space will be released again after installation once the original download package has been removed from the hard drive.

Monitor resolution: Min. 800x600; 1024x768 or higher recommended.

Microsoft Office Professional Plus 2007

Use MS Office 2007 Prof. Plus and benefit from the many benefits this software package offers. Render your communication more efficient and simplify collaboration with employees, customers, and business partners on the internal network or over the Internet. The new results-oriented user interface in MS Office 2007 Prof. Plus means you'll be working more intuitively, quickly, and successfully across all applications.

Microsoft Office 2007 Prof. Plus contains the following applications:

•    Word 2007 
•    Excel 2007 
•    PowerPoint 2007 
•    Outlook 2007 (including Business Contact Manager)
•    Publisher 2007 
•    Access 2007

These programs have the following new features: New user interfaces for working intuitively and more rapidly;
Higher productivity thanks to user-defined modules, designs, and layouts;
Reduced document size and improved security against data loss thanks to XML support;
Removal of unwanted information in documents, such as comments, tracked changes, personal data, etc.;
Creating professional diagrams, regardless of the application;
Enhanced security functions for protection against junk mail and phishing;
Subscription to RSS feeds in Outlook 2007;
Integrated instant search for e-mails, including attachments;
Features pre-made, editable database solutions

Requirements

Windows XP SP2 or later / Server 2003 or later; processor with min. 500 MHz; min. 256 MB RAM; screen resolution min. 800x600 (1024x768 or higher recommended); DVD drive; 2 GB hard drive space available; Internet connection for activating products; Internet Explorer 6.0 with service packs; 1 GHz CPU and 512 MB RAM or more required for Outlook 2007 with Business Contact Manager.

Microsoft Office Standard 2003

Besides the Professional Version preferred by many companies because of the Access module, Microsoft® offers a package for individual users and small companies as part of its Office Family with a clearly reduced scope of functions.

Microsoft Office Standard 2003 includes the applications Word, Excel, PowerPoint and Outlook and herewith covers word processing, spreadsheet analysiss, presentations and e-mail functions. With this version you were able to purchase the latest Office version of the company Microsoft® with regard to the technology involved but you did not own the additional modules for databases, webpublishing, contact management and the composure of form.

 

Suggested reading: 

--> next term: Office XP Professional 

--> Press articles dealing with subjects as the purchase and sale of used Microsoft office software

Microsoft Office Professional 2003

Microsoft® Office is a package of office software which has been positioned on the market by the international market leader for standard software for different client and server operating systems in a variety of versions since 1994. The office package, also called office suite, has developed into an a million times proven work instrument since its first introduction for daily office use.

The core applications of Office have been word processing (Word), spreadsheet analysiss (Excel) business presentations (Powerpoint) and e-mail messaging (Outlook) right from the beginning. Further fields of work were added in accordance with the individual level of equipment of the versions, such as Frontpage for website creations, Access for database administration, Visio for the visualization of concepts, processes and systems as well as Publisher for desktop publishing tasks. As one of the new applications, the program Infopath has been added with the version Office 2003, which enables the formal origination as well as the contents composure of XML-based form sheets.

Suggested reading: 

--> next term: Office Standard 2003 

--> Press articles dealing with subjects as the purchase and sale of used Microsoft office software

Microsoft Project

Microsoft Project Standard 2013

Microsoft Project Standard 2013 facilitates simple organization for your projects. The program's flexible functions mean getting started will go quickly and working will be efficient. MS Project 2013 can be used to quickly create meaningful reports on project progress, and to forward project details to your team and everyone involved in the project effortlessly. This means you'll have an overview of all of your project's important dates.

Functions:

  • The intuitive functions support uncomplicated project planning and management

  • Quick overview of the most important project details

  • Improved and user-friendly interface featuring all of the necessary functions

  • Identification of priorities and efficient work via the interactive, context-based design

  • Rapid resource allocation and progress monitoring using the comprehensive reporting tools

  • Simple creation of meaningful presentations of all of your project's important details

Microsoft Project Professional 2013

MS Project 2010 offers an entirely new user interface. You'll profit from the powerful improvements in scheduling, process management, and display. From now on, you'll be able to manage, control, and monitor your projects with even more precision and simplify their visualization. You may be surprised when starting Project 2010 for the first time, for the user interface has been radically improved.

The menus and symbol bars have been replaced with the menu ribbon, making it possible to find the commands needed for executing a task quickly. The commands have been arranged in logical groups, which in turn have been collected under tabs. With Project 2010, you can now control scheduling with even more precision thanks to several improvements in the calendar features. You also have the option of creating an initial task list in Microsoft Excel or Word, and then adding it in Project without having to reformat.

Manual Scheduling

In MS Project 2010, an important change has been made to how you'll be planning projects in the future. With changes to factors and task dependencies (task dependency: a relationship between two linked tasks. Linked with a dependency between the finish and start dates.)


There are four types of task dependencies: 
1.    Finish-start [FS], 
2.    Finish-finish [FF], 
3.    Start-start [SS], and 
4.    Start-finish [SF]


Moreover, Project 2010 has a new project calendar. This planning element makes it possible for you to define the working time for resources and tasks. Project uses four types of task calendars: 
1.    The base calendar, 
2.    The project calendar, 
3.    The resource calendar, and 
4.    The task calendar.

Task data are no longer updated automatically if a task is being scheduled manually. You can position a manually scheduled task anywhere on the calendar and MS Project 2010 will not shift it. Project managers who are accustomed to automatic scheduling from earlier Project versions can deactivate the new manual planning for specific tasks, or for an entire project. 
For some projects, especially complicated ones, Project's powerful planning module may be needed, which handles scheduling for you. Project 2010 is compatible with earlier versions of Microsoft Project. You can create files in Project 2007 or an earlier version, and then open and process them in Project 2010 using a mode with limited functionality. Additionally, you can create files in Project 2010 and then convert them to the file formats for Project 2007, Project 2000-2003, and even Project 98. You won't need a converter for any of these cases!

Microsoft Project Standard 2010

MS Project 2010 offers an entirely new user interface. You'll profit from the powerful improvements in scheduling, process management, and display. From now on, you'll be able to manage, control, and monitor your projects with even more precision and simplify their visualization. You may be surprised when starting Project 2010 for the first time, for the user interface has been radically improved. The menus and symbol bars have been replaced with the menu ribbon, making it possible to find the commands needed for executing a task quickly. The commands have been arranged in logical groups, which in turn have been collected under tabs. With Project 2010, you can now control scheduling with even more precision thanks to several improvements in the calendar features. You also have the option of creating an initial task list in Microsoft Excel or Word, and then adding it in Project without having to reformat.

Manual Scheduling

In MS Project 2010, an important change has been made to how you'll be planning projects in the future. With changes to factors and task dependencies (task dependency: a relationship between two linked tasks. Linked with a dependency between the finish and start dates.)


There are four types of task dependencies: 
1.    Finish-start [FS], 
2.    Finish-finish [FF], 
3.    Start-start [SS], and 
4.    Start-finish [SF]


Moreover, Project 2010 has a new project calendar. This planning element makes it possible for you to define the working time for resources and tasks. Project uses four types of task calendars: 
1.    The base calendar, 
2.    The project calendar, 
3.    The resource calendar, and 
4.    The task calendar.

Task data are no longer updated automatically if a task is being scheduled manually. You can position a manually scheduled task anywhere on the calendar and MS Project 2010 will not shift it. Project managers who are accustomed to automatic scheduling from earlier Project versions can deactivate the new manual planning for specific tasks, or for an entire project. 
For some projects, especially complicated ones, Project's powerful planning module may be needed, which handles scheduling for you. Project 2010 is compatible with earlier versions of Microsoft Project. You can create files in Project 2007 or an earlier version, and then open and process them in Project 2010 using a mode with limited functionality. Additionally, you can create files in Project 2010 and then convert them to the file formats for Project 2007, Project 2000-2003, and even Project 98. You won't need a converter for any of these cases!

Microsoft Visio

Microsoft Visio Standard 2013

Microsoft Visio Professional 2013 enables the illustrative presentation of complex data using easy-to-follow diagrams.

Visio Standard 2013 makes it possible to create diagrams effortlessly with a diverse selection of integrated stencils. This version of Visio features stencils for business diagrams, organigrams, standard flow diagrams, standard network diagrams, and general diagrams for various ends.

Functions:

  • Find the right stencil quickly via integrated search

  • Easy to create, check, and edit diagrams via touchscreen on Windows 8 tablet PCs

  • Improved support for frequently used commands

  • The new print preview provides a better overview of how your diagram will look printed

  • Optimization of size modification via improved orientation, clearance functions, and guidelines

  • Simple modifications and adjustments to pages without losing diagram layout and meta data when creating duplicates of diagram pages

  • High level of individualization: Modification to an organigram - Appearance with just one click and the ability to integrate your own photos

Microsoft Visio Professional 2013

Microsoft Visio Professional 2013 enables the visual presentation of complex data using easy-to-follow diagrams.

With Visio Profession 2013, professional diagrams can be created effortlessly both individually and in a team with a diverse selection of integrated stencils. This version covers all of the functions found in Visio Standard 2013, enhanced with updated shapes, styles, and templates, as well as additional support for working in a team, such as multiple people working on the same diagram simultaneously and linking diagrams to data.

Functions:

  • Simple release of diagrams possible, even for users without a copy of Visio installed

  • Commenting on diagrams from nearly any device (requires Visio or a browser with Visio Services)

  • Find the right stencil quickly via integrated search

  • Easy to create, check, and edit diagrams via touchscreen on Windows 8 tablet PCs

  • Improved support for frequently used commands

  • The new print preview provides a better overview of how your diagram will look printed

  • Optimization of size modification via improved orientation, clearance functions, and guidelines

  • Simple modifications and adjustments to pages without losing diagram layout and meta data when creating duplicates of diagram pages

  • High degree of individualization: Modification to an organigram - Appearance with just one click and the ability to integrate your own photos

Microsoft Visio Standard 2010

Visio 2010 continues down the path started by the 2007 version of linking diagrams and their underlying data. You can use the enhanced diagram creation tools in Visio 2010 to simplify complex content in dynamic, data-driven representations. Starting now, you can release your data in real-time on the web, which opens up entirely new possibilities.

Use professional-looking templates and modern, ready-made shapes to create your own diagram. It's easy to link the diagram with the data sources of your preference (such as Excel). This updates the data in your diagram automatically, which is reflected in informative visual elements, such as symbols, colors, and bar graphs. Then, you'll only be a few mouse clicks away from publishing your data graphs on a SharePoint website and providing other people with access to the diagram over the web. One particular advantage for you is that they don't need to possess a copy of Visio. Visio 2010 is the most powerful software available for presenting important information visually. This is assured by Visio 2010's new simplicity, supported with data-driven shapes and web release function.

Microsoft Visio Professional 2010

MS Visio 2010 Prof. continues down the path started by the 2007 version in linking diagrams and their underlying data. The enhanced diagram creation tools in Visio 2010 help to simplify complex content using dynamic, data-driven visualizations. 

Take advantage of the new possibilities for releasing data on the web in real-time. Use professional-looking templates and modern, ready-made shapes to create your own diagram. It's easy to link the diagram with the data sources of your preference (such as Excel).

The data in your diagram are now updated automatically, which is reflected in informative visual elements, such as symbols, colors, and bar graphs. Then, you'll only be a few mouse clicks away from publishing your data-linked diagram on a SharePoint website and providing other people with access to the diagram over the web. They do not necessary need to possess a copy of Visio, representing yet another advantage for you. Visio 2010 is the most powerful software available for presenting important information visually. This is assured by MS Visio 2010's new simplicity, supported with data-driven shapes and web release function.

Advantage/difference to MS Visio 2010 Standard:

•    Structure, architecture, and service diagrams including area, floor plan, electrical, canalization, HVAC, and much more 
•    Detailed network diagrams including Active Directory services and rack servers 
•    Construction plans including electrical, chemical, mechanical, and much more
•    ITIL diagram (IT infrastructure library) for defining the infrastructure technology's specifications"
•    Pivot diagram for automatically creating hierarchical diagrams in which data are grouped and computed for visual analysis and presentation.
•    Software and database diagrams including UML (Unified Modeling Language) and website over
•    Value stream maps including UML and website sitemaps
•    Creating website sitemaps and documentation including automatic generation of website sitemaps
•    Wireframe models for creating  medium-fidelity wireframe diagrams for software prototypes and software design.

Requirements

Windows 7, Windows Vista with SP1, Windows XP (SP3 required) with 32-bit capability, Windows Server 2008, Windows Server 2003 with SP2 and MSXML 6.0 or later operating system with 32- or 64-bit capability; 500-MHz processor or faster; 256 MB RAM (512 MB recommended for certain functions); 2 GB hard disk space available; screen with a resolution of at least 1024 x 768; Internet Explorer 6 or later (32-bit browser only). 

Speech recognition requires a close-talk microphone and audio output device; for Internet functionality, an Internet connection is needed; a Windows Live ID is required for certain online functions; for the multi-touch features, Windows 7 and a touchscreen device are needed; certain free-hand features require Windows XP Tablet PC Edition or later to be running.

Certain advanced collaboration features require a connection with Windows Server 2003 with SP1 or later running Microsoft Windows SharePoint Services; external data features require Visio Professional 2010 or Visio Premium 2010 as well as a connection with a supported data source, such as a Microsoft Excel workbook, or a Microsoft Access or Microsoft SQL Server database.

Dynamic web-sharing features require Visio Professional 2010 or Visio Premium 2010, and a connection with a Microsoft SharePoint Server 2010 Enterprise Version running Visio Services; visual reports require Visio Professional 2010 Product or Visio Premium 2010, as well as Project 2010 and Excel 2007, or Windows SharePoint Services 3.0 and Microsoft Office SharePoint Server 2007 or later.

Internet Fax not available in Windows Vista Starter, Windows Vista Home Basic, or Windows Vista Home Premium; product features and graphics may vary based on system configuration, some features may require additional or advanced hardware or server connections; this product includes both 32- and 64-bit versions for a single computer; the 32-bit version is recommended, which can run on both 32- and 64-bit versions of Windows. 

People who regularly work with exceptionally large documents or spreadsheets requiring more than 2 GB of memory may want to run the 64-bit version. However, many common add-ins for Office do not run correctly in the 64-bit edition.

Microsoft Visio 2003 Professional Edition

The visualisation tool Visio 2003 offers some additional benefits by means of its extended Professional Version in comparison with the Visio 2003 Standard. The broad variety of functions of the Professional Version is quite outstanding because of the multitude of additional special diagrams (buildings and room plans, ground plans, additional diagrams for technical illustrations, software and database diagrams, networkracks, logical network and directory diagrams. The additional features are intended to be implemented in large companies.

The Professional Version cannot only be easily integrated in already existing solutions but it can also be considered as a basis of new developments. For this purpose a sound basis for the developers and programmers has been created with Microsoft® Visual Basis for applications (VBA), Microsoft®.NET and XML-Web Services.

 

Suggested reading: 

--> next term: Visio 2003 Standard Edition

--> Press articles dealing with subjects as the purchase and sale of used Microsoft software

Microsoft Visio 2003 Standard Edition

The application Visio 2003 Standard Edition of the Redmond software company Microsoft® is a visualisation tool that has been integrated into the Office system but it has to be purchased as an independent software separately from the different Office 2003 versions

As in many other spheres of life, the optical presentation of information plays a vital role also in corporate communications. Complex structures, systems and processes will be much easier understood and memorized if they activate the right half of the brain by means of clearly structured visual presentations by means of prominent graphic symbols and explanatory diagrams. This is the part Visio 2003 takes over.

Visio 2003 is very helpful for the fast creation, provision and distribution of ideas, procedures or scenarios. Visio templates, cliparts and standardized (hyperlink-capable) shapes, which are integrated into the application by drag-and-drop as well as by powerful visualisation tools as many kinds of diagrams.

Data from Visio 2003 can be exchanged with other applications or databases thanks to XML. On the service level data of other staff members can be provided via the sharepoint services.

The presentations of Visio 2003 can now be marked with handwritten notes on a tablet PC in real time, for example during discussions on new business processes within a workgroup. The revision mode enables a fast and differentiated feedback.

 

Suggested reading: 

--> next term: Netware 6.5. 

--> Press releasess about usedSoft and the purchase and sale of used Microsoft software

Microsoft Exchange

Exchange Server 2013 Standard

MS Exchange Server 2013 Standard is the optimal solution for efficient e-mail communication. 

Exchange Server delivers more control and security, regardless of whether you are using your server for in-house operation, as an online service in the MS Cloud or as a hybrid solution.

The Standard Edition is different from the Enterprise Edition due to the number of mailbox databases. The Standard Edition provides you with access to up to five databases, making it optimal for SME organizations.

In addition to the MS Exchange Server 2013 standard license, you'll also need CALs (Client Access Licenses) for client-based access. MS Exchange Server Device CAL 2013 Standard provides you with access to your exchange server via your device. You can acquire device CALs here in the shop

Exchange Server 2010 Standard

Microsoft Exchange is the penultimate version from the Exchange Server software series. Exchange accelerates your work and simplifies its management.

Exchange Server 2010 adjusts to match your needs: Whatever your business, Exchange Server adjusts to your activities, while simultaneously reducing the costs associated with provision, administration, and compliance. The improved usability now provides you with a hitherto unseen level of control comfort, as do the integrated features for avoiding information gaps.

Features:

  • More flexibility: Internal provision or hosting via MS Exchange online, or a mix of both
  • Data resilience: Improved data carrier IOPS rate (input/output operations per second) compared to Exchange Server 2007
  • Reduce help desk costs: New self-help features make it possible for users to resolve problems independently without the help desk
  • Flexibility due to standard protocols: Access to all your communication tools regardless of where you are, for all functions on nearly all platforms, browsers, and devices - such as e-mail, voicemail, and instant messaging 
  • Compliance protection: Newly integrated functions for archiving and storing e-mail, such as searching across inboxes and "freezing" messages immediately (legal hold)

 Device CAL:

The license is linked to the respective device. You'll need a license for each device on which the software is going to be used. However, the number of users who use the device is irrelevant.

System requirements

Standard 2007

In general, however, the CPU should be Intel or AMD, supporting x64 architecture or the AMD64 platform. RAM dimensioning is highly dependent upon the number of functions installed. The hard drive should have at least 1.2 GB available for the Exchange installation, with an additional 500 MB free for each additional UM language package. Moreover, there should be a hard drive for storing the wait queue on an Edge Transport or Hub Transport server with at least 500 MB of RAM available.

Drive: DVD drive

Monitor: Super VGA (800 x 600) or higher resolution.

Control devices: Keyboard and mouse

You check the availability in our shop here

Exchange Server 2003. Standard Edition

The discussion about the trade and the sale of used software licenses is going to develop into an economic leading debate within the forthcoming years.

 

By means of the verdict of the Federal Court of Justice Munich of 3. August 2006 it has been temporarily stated that in case of software only exclusively or in mainly being available via downloads (as in the case of the software producer Oracle) the exhaustion rule is not applicable i.e. in this case overstretched. On the other hand there are no real hints about an interpretation, which clearly define a fundamental prohibition of the trade with used software licenses.

Clients of the company usedSoft as well as well-known buyers of renowned industrial companies have repeatedly made clear how important an insisting strengthening of the freedom of availability about their property is to them. Some people also believe that an enforced legal strengthening of the trade with used software license is a long overdue correction possibility for exorbitant software prices during the last decades.

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--> next term: Exchange Server 2003. Enterprise Edition

--> Purchasing Used Standard Software Licences.

Exchange Server 2003 Enterprise Edition

The Enterprise Edition of the Exchange Server 2003 is intended for large companies and amongst others stands out for its considerably extended database utilization in comparison with the standard edition: instead 2x75GB up to twenty databases each with maximal 16 Terrabyte can be compiled and administered in four storage groups.

The groupware functions ("Collaboration" above all in connection with Microsoft® Web Storage) are of course a focus of the server features like already featured in the standard edition of the Exchange Server 2003. The multitude of functions of the Unified Messaging (e-mail, fax, voicemail) should also be emphasized.

The broad variety of remote access options seem to reach a special level of importance especially in larger companies, no matter whether via mobile phones, PDA or also via the internet by means of Outlook Web Access.

The manufacturer emphasises the considerably improved features regarding security and reliability, the option for simple actualisations and generally simplified handling by the client. Added to that, the administration is made much easier for system administrators by these new tools of the Exchange Server 2003.

Suggested reading:

http://de.wikipedia.org/wiki/Microsoft_Exchange_Server

http://support.microsoft.com/kb/822440/de

Exchange Server 2003. Clients Access License (CAL)

For a sensible implementation of the  Exchange Server 2003, in the standard as well as the Enterprise edition, companies require additional individual workplace licenses to be able to use the functions i.e. administered data provided by the server at an individual workplace.

Microsoft® has intended the use of a so-called User Client Access License (CAL) for that purpose, which can be acquired in packages as from 5 licenses. The OPEN-License program has been produced accordingly for the purchasers of the segments of economy, administration and education.

 

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--> next term: Exchange Server 2003. Enterprise Edition 

--> Used Software Licences

Microsoft Windows Server

Windows Server 2012 R2 Standard

MS Windows Server R2 2 Proc. 2012 Standard is the successor to MS Windows Server 2012. This license is the optimal operating system platform for companies of medium to large size requiring virtualization.

In addition to the two physical instances, the license also covers two virtual instances you can use to run your data processing center.
If you'd like to use even more virtual instances, you can do so by acquiring additional licenses.

System requirements: At least 512 MB of RAM

Windows Server 2008 R2 Standard

With Microsoft Windows Server 2008 R2, you and your employees obtain the capacity to manage your virtual machines even faster and easier. This is made possible by the software's Hypervisor technology, Hyper-V. 

Additionally, Windows Server 2008 R2 has a live migration feature. This feature is new in this version and makes it possible for you to move virtual machines from one host to another while everything is still running.
Your Windows 7 remote desktop users directly benefit from Windows Server 2008 R2 through two new

Features:

  • DirectAccess provides your employees with access to remote desktops without re-routing company resources. Up until now, it was necessary to have a VPN connection or client software. You'll still maintain control through access protocols and perimeters. This means you can increase desktop security and reduce the administrative expenditure for your IT department.
  • You'll communicate better with your field and branch offices. BranchCache improves your remote users' connection on the company network. BranchCache temporarily stores your data locally, thereby lowering the load placed on your company network's bandwidth.

System requirements:

Processor: 1 GHz minimum, 2 GHz or faster recommended; memory: 512 MB RAM minimum, 2 GB RAM recommended, maximum (32-bit systems): 4 GB (Standard) or 64 GB (Enterprise and Datacenter), Maximum (64-bit systems): 32 GB (Standard) or 1 TB (Enterprise and Datacenter) or 2 TB (Itanium-based systems), 

Hard drive: 10 GB minimum, 40 GB or more recommended, 

Note: Computers with more than 16 GB RAM require more hard drive memory for paging, hibernation, and dump files.

Drive: DVD drive,

Monitor: Super VGA (800 x 600) or higher resolution.

Control devices: Keyboard and mouse

Microsoft Windows Server 2003 CAL

Like with all Microsoft server products it is also inevitable for the buyer of Windows Server 2003 to purchase individual licenses for the server connected PCs, laptops or other devices. These Windows Server 2003 Client Access Licenses (CAL) are usually sold via the license program of Microsoft®.

The number of necessary individual licenses for the staff members for this latest server for general services is often found in the four-digit area. In case of underlicensing a supply of the stock of usedSoft seems to be an excellent solution especially for the Windows Server 2003.

 

Suggested reading: 

--> next term: Windows Server 2003 Enterprise Edition 

--> usedSoft FAQ Used Software

Microsoft Windows Server 2003 Enterprise Edition R2

The Windows Server 2003 Enterprise Edition R2 is especially suitable for medium-sized companies with business critical applications and a considerable database utilization. It can take over a variety of functions in a so far not surpassed speed. Among these are the tasks of a server for files, a webserver, a server for web applications as well as for streaming media. Furthermore there are the features of a mail server, a terminal and VPN server as well as Remote Access Services and Directory Services. Windows 2003 can also be deployed as a DNS-name server, Windows Internet Naming Services (WINS) and DHCP server.

In comparison with the Standard Edition, the Enterprise Edition, the session index for terminal services, the fallover clustering and the higher amount of implementable 32-bit, or 64-bit processors, are to be emphasized. There also is a noticeable difference in the capacity of the supported working memory.

According to the new security features in the Servicepack SP1, the R2-Update offers even more efficient possibilities of the storage administration, a simplified identity and access management (Advice Directory Federation Services) and an improved management of servers in subsidiaries. The R2-versions are available as 64-bit-versions and enable the operation of 32-bit as well as of 64-bit applications.

 

Suggested reading: 

--> next term: Windows Server 2003 CAL

--> Second-Hand Business Software Volume Licences

Microsoft SQL Server

Microsoft SQL Server 2012 Standard

Microsoft SQL Server 2012 Standard is the latest application from Microsoft for data management. Its particular strengths lie in business intelligence and business-critical applications, as well as in cloud integration in accordance with your wishes and needs. The standard edition offers a selection between a server+CAL and a core-based license, with 32-bit and 64-bit versions available.

This product comes with a CD/DVD data carrier for effortless installation. 

An Overview of Microsoft SQL Server 2012 Functions:

  • "AlwaysOn" the optimized solution for high-level availability and emergency restore.

  • "xVelocity" delivers maximum speed for queries and performance

  • Comprehensive security and encryption options

  • Comprehensive service and support

  • Data calculation and visualization for analyses and decisions.

System requirements:

Memory: Minimum: Express editions, 512 MB; all other editions, 1 GB  Recommended: Express editions, 1 GB; all other editions, min. 4 GB. In order to guarantee optimum performance, the manufacturer recommends that memory be increased as database size increases.

Processor speed: Minimum:1.0-GHz x86 processor, or 1.4 GHz x-64 processor. Recommended: 2.0 GHz or faster.

Processor type: x64 Processor: AMD Opteron, AMD Athlon 64, Intel Xeon with Intel EM64T-support, Intel Premium IV with EM64T support. x86 Processor: Pentium III-compatible processor or faster

 

Microsoft SQL Server R2 2008 Standard

Microsoft Software SQL Server R2 2008 is based on SQL Server 2005 and enhances the former's strengths. Use SQL Server R2 2008 to keep an eye on your company's data volumes, while simultaneously protecting them with database encryption. You can define who can see and modify what data as you see fit using Microsoft SQL Server R2 2008. This software is a reliable data platform that helps you to secure uniform data management at your company.

This article is delivered with a CD/DVD for an easy new installation.      

Helpful SQL Server R2 2008 features:

  • Data protection: Data auditing promotes meeting compliance requirements.

  • Application availability: Database Mirroring mirrors your databases automatically for increased reliability

  • Optimized system performance: Resource Governor for allocating system resources to workloads

  • Business entities: Facilitates development work using the next generation of ADO.NETData Access Framework

  • Data warehousing: Real-time data are consolidated via Change Data Capture (CDC)

 

Microsoft Share Point Server

Microsoft Share Point Server 2010

This business software simplifies your business processes, drives down costs, and means you can react to business developments faster. SharePoint Server 2010 facilitates your project team's collaboration within the company. You'll save costs directly by replacing current, complex systems with simpler structures. Your IT department will thank you for it.

Microsoft SharePoint Sever 2010 wins across the board - Nets:

  • More effective on the intranet: Invoice auditing and Enterprise 2.0 now even easier
  • Faster on the extranet: Improve connectivity with your suppliers, partners, and customers
  • More range on the Internet: Increase the amount of time visitors spend on your website to increase revenue. Use Microsoft SharePoint Server for Internet Sites and the Microsoft FAST Search Server for Internet Sites.

Sharepoint Portal Server 2003. Clients Access Licenses (CAL)

The Microsoft® Office Sharepoint Portal Server 2003 is a sensible product for the build-up of Intranet portals and therefore for corporate access of centrally filed documents which were made available by other applications (ERP or CRM). It provides a central collection of company news and comfortable search functions.

The Microsoft® Office Sharepoint Portal Server 2003 herewith makes an important contribution to internal knowledge management. But an individual server license is insufficient for corporate implementation of Microsoft® Office Sharepoint Servers as well as for comparable products. Microsoft® provides so-called Clients Access Licenses (CAL) for that purpose which can be purchased within the scope of license programs in different quantities.

 

Suggested reading: 

--> next term: Sharepoint Portal Server 2003 

--> Press releases dealing with subjects as the purchase and sale of used Microsoft software

Sharepoint Portal Server 2003

The Microsoft Sharepoint Portal Server 2003 in general is a platform for the support of corporate communications and especially serves the build-up of internet portals. The major purpose of the server is the fast and efficient interlinking of information, staff and teams. A broad exchange of information of certain people, teams, departments and other user groups now becomes possible via a central point in the company without problems. Coordinated scheduling, corporate coordination of tasks and individual possibilities of customization can be realized with the sharepoint portal server.

The Microsoft® Sharepoint Portal Server 2003 can be configured as a webserver or as a domain independent server which leads to authentication mechanisms.

Additionally to the free-of-charge sharepoint portal services the server offers extended functionality. Individual sharepoint websites, for example of project teams or departments can come together here in a corporate intranet portal. A global whole text search function, which enables a comfortable recourse to all filed data, has been integrated. Organisation and administration tools enable the availability of team specific website contents for the entire organisation.

Apart from that the enterprise application integration enables the connection of different types of applications which are applied in the company or externally. For these purposes databases can be connected or information of goods trade systems or other business intelligence systems can be made available via the Sharepoint Portal Server 2003 for other user groups.

 

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--> next term: Sharepoint portal Server 2003 Client Access License (CAL) 

--> Press releases dealing with subjects as the purchase and sale of used Microsoft software

Microsoft Remote Desktop Services

Microsoft Remote Desktop Services 2012

MS Windows Remote Desktop Services (RDS) are great for centrally managing the desktop infrastructures at your company. With RDS, you can link employees at remote locations to your network just as easily as using a virtual desktop infrastructure for virtualizing processes. Save time and provide relief to your IT experts with centrally controlled desktop solutions.

Remote Desktop Services (RDS) offer an extensive range of

Features:

  • RD Web Access standardization

  • With RemoteApp authorization and filters, you can define which applications users will see

  • Bitmap acceleration for 3D applications and other media, such as Silverlight and Flash

  • Improved management of Remote Desktop Session host servers, including App-V for RDS

  • Scalable, uniform connection brokers for both session desktops and VDI desktops

User CAL:

With a user CAL, you acquire a CAL for one user, who can then access the server software to use its services. The user CAL is completely independent from the device being used for access.

Microsoft Remote Desktop Services R2 2008

MS Windows Remote Desktop Services (RDS) are great for centrally managing the desktop infrastructures at your company. With RDS, you can link employees at remote locations to your network just as easily as using a virtual desktop infrastructure for virtualizing processes. Save time and provide relief to your IT experts with centrally controlled desktop solutions.

Remote Desktop Services (RDS) offer an extensive range of features:

  • RD Web Access standardization
  • With RemoteApp authorization and filters, you can define which applications users will see
  • Bitmap acceleration for 3D applications and other media, such as Silverlight and Flash
  • Improved management of Remote Desktop Session host servers, including App-V for RDS
  • Scalable, uniform connection brokers for both session desktops and VDI desktops

User CAL:

With a user CAL, you acquire a CAL for one user, who can then access the server software to use its services. The user CAL is completely independent from the device being used for access

Licences, law and relevant terms

Copyright - Copyright Law

The copyright in the Federal Republic of Germany has been newly regulated in accordance with the new version of the copyright law which came into force on 13.9.2003. It provides protection for literature, science and art. The following works are considered worthy of protection in connection with the law of copyright and §2 (1):

  • linguistic works
  • works of music
  • works of pantomime and dance
  • works and drafts of fine and applied arts
  • photographic arts
  • movies
  • illustrations of scientific and technical nature: plans, maps, drafts, tables, plastic

The law expressively concerns "only personal spiritual creations" in accordance with §2 (2) . §69a ff contains "Special regulations for computer programs". In this connection it is emphasized that it has to relate to individual works, and that these are a "result of an own spiritual creation of their originator." (§69a, paragraph 3 UrhG). In case of it solely being "ideas and principles" of computer programs, they are not protected by the copyright.

Also the exhaustion of copyrights has been stipulated in §§69c (3):If a reproduction piece of a computer program is copied and then brought into transit within the European Union with the prior consent of the proprietor, the distribution right concerning this reproduction piece is exhausted at that moment of time; this does not effect the rental rights. Consequently nothing stands in way of a resale of the reproduction piece.

 

Suggested reading: 

--> next term: CorelDRAW Graphics Suite 

--> Exhaustion of Copyrights

Copyrights

The Copyrights for computer programs as well as for audio and video productions, which come on the market in form of CDs and DVDs, have become a topic for journalistic and public discussions during recent years. In this connection not only the production of reproductions for commercial purposes which are wrongly marked as pirate copies has been criticized by interested parties. The reliability of private copies for private purposes has also been attacked, although the legislation still is to be understood in terms of tolerated five to seven private copies.

Meanwhile a circumvention of a technically effective copy prohibit for the protection of private copy rights is no longer legal.

With regard to the copyrights and the protection problems of computer programs the danger of underlicensing in case of corporate use of software is high. A positive side effect of the trade with used software with usedSoft is that apart from the favourable purchase conditions, eventual licensing loopholes i.e. niches of illegal use of software can be avoided.

Suggested reading: 

--> next term: Copyright - Copyright Law 

--> Exhaustion of Copyrights

Exhaustion of Copyrights

The exhaustion of copyrights relates to one special case within the general legal problems of an exhaustion of copyrights as such. Besides the copyright, also commercial protective rights such as patent rights or brand rights can be affected by the exhaustion.

The exhaustion of copyrights as of other commercial rights can be seen in different spatial zones. Consequently a national, regional but also international exhaustion of copyrights can be considered.A special exhaustion principle has been legally codified for the type of software in §69 No. 3 German Copyright Act (UrhG). The Federal Supreme Court of Justice has stated in its verdict against Microsoft® in 2000 that in case of an exhaustion of rights, the owner of the copyrights cannot basically ignore the continuing bringing-in-transit of his products by opposing license regulations when these products, which originally were brought into transit with his consent, are sold by third parties.

At present, after the verdict of the Higher Regional Court Munich on 3. August 2006 and the still outstanding main-issue proceedings about used software, it has to be observed whether the exhaustion of copyrights in future only concerns used software which was delivered together with data carriers or whether also the licenses are concerned where only a download of software had to be carried out.

 

Suggested reading: 

--> next term: Exhaustion Rule 

--> Copyright - Copyright Law

Exhaustion Rule

The term Exhaustion Rule originates from the copyright i.e. licence right and states that at the very moment of the initial sale of a program copy of a software the distribution right of the copyright is exhausted. The exhaustion rule for computer software has been legally stipulated in § b69 c No. 3 Sentence 2 UrhG. The exhaustion rule is inevitable.

In this respect the Higher Regional Court Munich has rejected the claim of a software manufacturer by its final verdict of 12.02.1998, who opposed that a distribution partner resold an update-version of a software computer product for a much higher price than the full version, what b.t.w. technically seen was the case anyway.

The Higher Regional Court Munich - the motion of the plaintiff to issue a temporary order had already been dismissed by the district court - referred to the exhaustion rule of § 69 c No. 3 S.2 UrhG, where the right of distribution of the owner of the rights is exhausted if the to be duplicated version of a computer program has been put into transit, respectively been sold the first time. Already at the moment of the initial sale the exhaustion rule is applicable.

Two years later the lawfulness of the resale of OEM software was clarified unambiguously by the German Civil Code ( BGH) verdict concerning exhaustion rules. The BGH has explicitly made clear that the software manufacturers cannot effectively exclude the resale of software by licence conditions if the exhaustion rule is applicable.

Kindly also compare:

AFS Rechtsanwälte 
FAQ


Suggested reading: 

--> next term: IT-Cost Reduction 

--> Business Software Licences

Freedom of Disposal via Ownership

The freedom of disposal via ownership marks a principally unlimited property right of the owner which includes disposal as well as exploitation rights. The extensive rights have been manifested in the Civil Book of Law (§§903ffBGB).

Even considering the fact that the execution of these rights can be limited by laws or the rights of third parties, as pointed out in § 908, it is incomprehensible that the owner of a software should not have the freedom of disposal via his ownership after having purchased the item price. This would in actual fact almost be an expropriation as customers commented to the usedSoft General Manager, Peter Schneider, with reference to the Oracle verdict at the District Court München I. The characteristic transfer of ownership of a sales contract would therefore not actually take place.

 

Suggested reading: 

--> next term: Enterprise Software 

--> Exhaustion of Copyrights

IT-Cost Reduction

All companies are forced to reduce costs to cope with local, regional, national and often even global competition under consideration of prevailing conditions. Medium-sized as well as large companies are focused on the costs involved with well- functioning, modern as well as efficient IT-infrastructure. All companies have to save funds in this field for a solid IT Cost Reduction.

With reference to an IT cost analysis on the one hand one cannot overlook that all companies are confronted with increasing demands concerning reliable systems and applications in the field of business intelligence, project and quality management, personnel and goods trade (ERP, SCM etc.). There is always a new need for investment also for basic functions such as database administration and analysis, web connection and wireless access plus the necessary secure networks solutions involved. These facts initially limit the target of cost savings.

On the other hand it sometimes is not really necessary to fall back on the latest software versions in all IT areas, if the added value of the update seems to be negligible, i.e. too low in comparison with the resulting additional costs for the company in question. This can consequently result in considerable saving potentials regarding the introduction and the software upgrade as well as in an increase of the total amount of clients.

Costs cannot only be reduced by going back to previous versions but also by the fact that software licenses, which are no longer needed by other companies based on structural changes, bankruptcies or other reasons can be purchased at a lower price.

In this kind of situation the professional experience of usedSoft, which has established itself as a trader of used software and focuses on companies which intend to sell licences but also on companies which want to keep their IT-cost low by buying reasonably priced used software when they are planning to expand or to introduce new items can be of great benefit.

 

Suggested reading: 

--> next term: Legal Security of Software Purchases 

--> Used Software Licences

Legal Security of Software Purchases

The perspective of entrepreneurially lucrative contracts should not lead to giving up juridical principles. The build up of legal security also is an important concern of usedSoft.

The knowledge that carefully calculated purchasing might be a main source of the profit of a company, is a guideline for the activities of many decision makers. It is not very surprising that valid as well as high performance used software licenses create a growing demand. But as in many other intelligent business models, there is scope also in this area for unprofessional and even deceitful soldiers of fortune. One just has to think about advertisers operating with nasty SPAM methods for what is said to be totally legal und functioning OEM software. Their websites do not fulfil elementary tasks as to show a serious imprint (relevant information in an About Us section). In case of an address for service being missing, one cannot presume that a purchase is legally secure.

It is a similar situation with some comparable Ebay offers, where often only updates or hardware recovery versions are offered.

Customers of usedSoft really appreciate our excellent service as well as our serious handling and above all the legal security by notary testimonials of the license transfer.

 

Suggested reading: 

--> next term: License 

--> Exhaustion of Copyrights

Licence Sale

UsedSoft became well-known by licence purchases and licence sales in the field of software trade with companies.

The business model of licence sale is based on the copyright exhaustion rule. When a producer offers software on the market for sale for the first time, his rights of reuse and resale of the software are exhausted. This fundamental connection has been reinforced and emphasized by a much observed verdict of the Federal Supreme Court of Justice of the year 2000.

UsedSoft can buy relevant licence contingent for medium-sized and large companies and offer these for sale.

For the realization of serious licence sales of software a documentation which is in accordance with the regulation of the licence chain has to be provided to guarantee a disassociation of grey and black markets. UsedSoft provides these legal securities by a notary testimonial.

 

Suggested reading: 

--> next term: Microsoft Access 2003 

--> Customers of Second Hand Software.

Licence Rights

The licence rights which are strongly connected with the copyrights but also with the brand and patent rights focus on contractual possibilities of user authorization. These user rights refer to (amongst others protected by the law of copyright) spiritual property, commercial protection rights such as patent or brand, utility and taste models.

User rights can be specified in contracts for work and services, purchase contracts and rental agreements. Also individual own licence agreements and general terms and conditions (AGBs) belong to the licence rights in this particular context. Fixed time periods, spatial limitations, exclusive licencing, which are part of the transfer, always have to make clear that restrictions by the patent law and cartel law are possible.

One passage of the copyright law (§§69c) concerning software is of special interest for the development of licence rights law. It says:  If a computer program has been brought into traffic by an initial sale (not rental) with the consent of the proprietor within the European Union, the distribution right expires concerning the duplicated item, exempt the right of rental. The vendor is no longer entitled to oppose its resale.

 

Suggested reading: 

--> next term: Licence Sale 

--> Software. Second-Hand Market

Licence Costs

Licence costs for a product are always subject to a licence agreement. They can totally be omitted such as in the case of open source products. If costs arise for one (or several) licenses, the amounts will naturally vary per license, as the conditions become more favourable for the realisation of a licence programs of the manufacturers or for bulk buying of used individual licences of a dealer. It is also decided individually for each case if the fee is due as a unique payment, in instalments or repeatedly after a certain period of time.

Licence costs can be reduced considerately. Relevant savings can be achieved especially with the purchase of used software by companies of all sizes. These generally amount to 25 % in comparison with new licences. UsedSoft as a dealer of used software licenses ensures that sellers as well as buyers can realize considerable saving potentials in a legally secure way.

 

Suggested reading: 

--> next term: Licence Purchase 

--> Used Software Licences

Licence Purchase

UsedSoft sells and buys software licences and acts as a link between companies which offer or require these licences and consequently want to make a licence purchase.

The license sale, which is organised by usedSoft enables companies to sell not used products or products which have become obsolete based on newly acquired competing ones or licences which can no longer be used because of bankruptcies so that they are able to activate passive capital. The companies in their capacity as vendors have transferred their licence rights to the dealer - in this case to usedSoft. As a next step we can meet present as well as future demands by our licence purchases.

UsedSoft also operates as a seller and has been successfully providing reasonably priced "used" software licenses for medium-sized and large companies which guarantee by notarial testimonials the necessary legal security to the purchasing companies. Consequently licence purchases and licence sales are bundled in a competent manner and in one source at usedSoft - which has already been of interest for over 200 customers in the medium-sized company segment as well as for major large customers.

 

Suggested reading: 

--> next term: Licence Rights 

--> Used Software Licences

Licence

The term licence originates from Latin (licere=allow,permit) and signifies the issue of a permit, without which there would be no right of distribution or use of a certain immaterial objects such as a right originating from the copyright, a picture or a software.

Licenses can have several specifications.

Examples for subjects of licence contracts are brands, patents, design patents and utility model (commercial protection rights).

Their use can for example include a time limit so that a new licence fee would be due after the expiry date. Licenses can of course also be limited to a person; as a rule the personal license is a simple license, which means that the licensee does not purchase any exclusive license rights but acquires them as hundreds, thousands or even millions of other users. In contrast it is of course also possible to hand out or obtain an exclusive licence. This can be very interesting for the sales and distribution in case it is intended to promote or sell a product or service via just one strong partner outside the borders of the country. As the example mentioned before makes quite clear, it is also possible to spatially limit the validity of a licence.

In the book trade licence sales play a differently important role in certain language areas, depending on the individual publishing policy but they are also subject to the grant of a license.

Also state-run or public bodies (e.g. regional media authorities or special government associations) can grant licences, e.g. for pilots i.e. flight licences, radio and driving licences, licences for the broadcasting of radio and/or TV-broadcasts or currently also the operation of mobile radio facilities.

Besides the licence for sales and distribution of a product a licence can also be granted for a production of a product.

When a license is purchased a unique licence fee is due and in case of a rental repeated licence fees have to be charged. These fees can be set off against tax by the companies.

 

Suggested reading: 

--> next term: Licence Chain 

--> Used Software Licences

OEM-Software

An OEM software version, which is sold together with the hardware (like in a new PC) cannot be limited to a certain distribution channel for the buyer. The buyer can resell the software by means of another distribution channel, as every buyer is entitled to the resale of a product which was once bought (in Germany and European Union) with the agreement of the originator based on the exhaustion principle, i.e. the right of sale of the producer is exhausted after the initial market placement.

This has been decided by the Federal Supreme Court of Justice (BGH) by its verdict of 6. July 2000 concerning the passing on of OEM-software, opposing the lawsuit of the software producer Microsoft®.

Whoever has once purchased the original software together with the hardware as an OEM version is free to resell it. He can thereby unbundle the package of hardware and software when selling it. There is only a possibility of additional individual restricting contractual agreements between buyer and producer.

The producer can therefore only once profit from the sale of his products. This verdict does not only refer to OEM software products, but even more to the trade with used software licenses, which were not limited to the sale of hardware.

Trials of software producers to limit the trade with used software licenses by certain contractual stipulations are therefore generally invalid, not only for OEM products.

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--> next term: Open Source Software Licences 

--> Purchasing Used Standard Software Licences

Open Source Software Licences

Especially in the software area there is a special type of license besides the usual purchasable licenses (new and used software) which enables a comprehensive and almost completely free-of-charge use of the respective software or even the source codes. The areas of application, for which open source software is meanwhile available, are very broad and involve operating systems via office applications and e-mail programs as well as web-based content-management-systems.

These so-called Open Source Software Licenses are extremely popular with developers, programmers, web designers and administrators. Nevertheless it has to be observed that open source licenses are subject to different far reaching rights.

The GPL demands that the program has to include a comprehensible source code when passed on apart from the in technical terms called binary and that changed versions also have to be in accordance with the GPL agreement, if one does not want to risk losing the product rights.

 

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--> next term: Operating System 

--> Software Licences. Second-Hand

Operating System

An operating system (OS) is the indispensable technical underpinning of each individual application, no matter whether it is a statistics program, database software or data processing program.

All individual applications are based on the operating system. The operating system is a control program and takes over basic functions without which regular work with the PC would not be possible, e.g.

  • start and finish of the operating system itself
  • management of input, saving and output of data via the screen, printer
  • kernel-functions for the management of hardware
  • start, management, stopping and finishing of processes and applications
  • user guidance for graphic interfaces
  • administration of user specific rights

The operating systems Windows, Unix and diverse Linux-derivates (SuSE, Redhat etc.) MacOS, Novell-Netware, OS/2 and in the distant past OS. or MS-OS, have established themselves as the most important ones. The operating systems originally mostly dependent on command input on command line level can in the meantime be controlled by graphic interfaces.

 

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--> next term: Pirate Copy 

--> Customer References of usedSoft

Pirate Copy

The not allowed and therefore prohibited as well as infringing the copyright or individual license agreements copy of a computer program, a data CD, Audio CD or DVD is colloquially called pirate copy.

The expression which implicates physical violence as well as the theft of an object is misleading and is of no relevance to copyrights. It makes no sense to go on talking about violations against copyrights in these cases. 

It is explicitly permitted, fundamentally or under special conditions, to make copies of certain types of software licenses, such as of Shareware, Freeware, and Software, which is subject to GNU-license.

Security copies of commercial programs bearing a charge are always admissible to guarantee that the functionality of the program is always available, i.e. can be retrieved at any time. Nevertheless, the parallel use of a program which has only been paid for once on two servers is not permitted and could therefore be understood as the production of a "pirate copy".

No longer permitted is the avoidance of an existing effective copy protection for commercial or private use which is therefore liable to prosecution. §§ 95a ff.UrhG decribes "the protection of technical measures" in detail. In accordance with § 95a Abs. 1 UrhG technical measures may not be avoided without prior agreement of the holder of the right.

 

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--> next term: Principle of Territoriality 

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Principle of Territoriality

The principle of territoriality is an internationally valid principle of law which is anchored in civil right as well as in criminal law, according to which all persons and companies, independent of their nationalities, i.e. origin are subject to the legal system of the state, on whose territory they actually stay or operate a business.

With reference to the copyright this in fact means that copyright demands can only individually be protected in the country, in which respective rights have been registered e.g. by the software producer or where these rights exist anyway.

Within the European Union one can start out from the fact that a unique legal situation has been established as the German copyright regulations concerning computer programs are based on the European guideline 91/250/EWG about the copyrights of computer programs. Within the EU the distribution right of the producer is exhausted the very moment the computer program has been put up for sale on the territory of the European Union with the consent of the owner of the rights.

 

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--> next term: Project Management - Project Management Software 

--> Exhaustion of Copyrights

Registration Liability of Software Purchases

Buyers of software are usually asked via postcards, online-forms or e-mail-follow-ups to register their purchased product at the producer. Very often the reasons for this are supposed to be the resulting or improved support possibilities and eventual update options. The private data involved in this process in connection with product specific data is not in the interest of all buyers.

Liabilities of registration cannot lead to a limitation of the legal exhaustion effect. Therefore, the resale of software cannot be restricted because of a contractually effective duty of registration. A right of veto in favour of the producer in case of a resale of software is basically ineffective.

Accordingly the Regional Court Munich has passed an interesting judgement on 04.04.2000.

 

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--> next term: Resale Prohibition 

--> Second-Hand Software Supplier usedSoft

Resale Prohibition

Basic questions regarding the freedom and rights of buyers in Germany are hidden behind the unwieldy expression resale prohibition, especially in the field of software purchase.

The question what a buyer of software may or may not do has been a topic of concern for consumers, producers, traders and naturally also lawyers for several years now. As a rule the copyright (UrhG) §§ 69d, 69e, 69g, paragraph 2 regulates certain liberties of the lawful user of a computer program. No deviations of the stipulated regulations by utilization conditions or EULA (End User License Agrrement) to encumber the users are possible. The production of a safety copy, therefore, cannot be refused by a prohibition in the utilization conditions.

Added to that, according to the prevailing juridical views, utilization conditions are basically invalid if they indicate that the buyer will not be entitled to resell the mentioned software. Such activities are blocked by certain conditions of the copyright which state that material - such as CD-ROM - may be resold by the buyer after it has initially been put into circulation. The right of the originator on the special "Werkträger" has been exhausted with the initial circulation. Exhaustion Principle. Respectively any opposing regulations of the utilization conditions or General Terms and Conditions of Cooperation Partners (AGBs) are invalid under consideration of this indispensable law.

 

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--> next term: Return On Investment (ROI) 

--> FAQ Used Software

Return On Investment (ROI)

Companies which are operating under success pressure try to achieve a high return on investment (ROI) in many company divisions. If companies want to achieve a reasonable profitability estimate, especially when focused on their IT-costs, it will be worthwhile to consider a fall back on a licence contingent in used software in areas in which purchases of new software cannot be avoided but a lean version of a software would be sufficient.

As in Germany and in the European Union a software which once has been made available on a data carrier and offered for sale is considered a to be purchased property based on the Exhaustion Rule of the Copyright, companies can resell the licenses which are no longer needed. Companies which want to considerably improve their ROI by clever investments in their IT-structure profit from this.

Your reliable partner for a legally secure handling of these ROI increasing measures is usedSoft, which has been coordinating the needs of providers and interested parties in the field of used software for many years.

We are in contact with companies which want to sell licenses as well as with companies which intend to increase their profitability by the purchase of used software.

 

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--> next term: Server-Software 

--> Used Software Licences

Server-Software

Server Software is usually implemented in companies to administer and secure data and applications more efficiently for all connected computers. Also individual workplace computers as such can be managed and coordinated much easier by server software. Individual users can be granted application and user specific rights. Server software can make sense for different types of servers, i.e. for classic company servers as well as for database servers and webservers.

The central monitoring of applications and the increase of efficiency belongs to the functional core segment of server software, i.e. in the field of enterprise content management. As a rule databases can be involved much more practical on server level than as an application on user level.

Server software which simplifies a common use of data of the users or the fast replication of data also belongs to the successful developments in this field.

 

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--> next term: Software Update 

--> Used Software Licence History

Software Update

Software updates can be tricky. Many standard as well as individual software products experience temporary improvements, modifications, patches and similar changes before they are integrated into a new version in a compact way. In most cases a separate update is required for technical reasons to make it possible that all features can be used in the new version. This software update can but must not be free-of-charge. The upgraded version is operational after the download of the updates. The update file(s) as such are sometimes no longer sufficient for a successful start of the applications.

When looking at used software, which can above all be found in the internet under sometimes dubious conditions, you should consider one aspect: seemingly reasonably priced used software licenses are often are exclusive and, therefore, non-usable software licences of former program versions.

 

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--> next term: Software Volume Contract 

--> Business Software Licences

Software Volume Contract

The completion of a software volume contract is part of everyday commercial and legal working life of software producers or traders on the one hand and medium-sized or large companies on the other hand.

Without question, a major part of the software business is made in the b-2-b area by sales of large quantities by large volume contracts, which consequently result in high discounts.

The resale of no longer required used software licensing brings up the following question whether also individual licences from the package can be resold or whether also volume contracts with a smaller quantity of licences can be newly completed.

According to the opinion of the copyright experts and of course also usedSoft it is permitted that also partial stock of licences can be resold, even also an individual licence because also in cases of volume licence contracts individual items can be resold, which are no longer subject to the right of distribution of the trader as it is exhausted. The sale of several volume licenses by means of a volume contract is rather more to be seen as a special discount of the producer, which is solely intended to secure a further distribution channel. In this way also this could result in new volume contracts with changed licence quantities.

 

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--> next term: SQL (Structured Query Language) 

--> Volume Licences Of Unused Software

SQL (Structured Query Language)

One of the presumably most important computer language (database languages), SQL (Structured Query Language), which has been especially developed for the work with so-called relational databases. SQL also contains a central element such as the database query language which is applied in everyday business.

SQL has been developed, still as SEQUEL, by IBM® in the seventies and meanwhile exists in many versions. SQL 92 has established itself as a widely spread standard. SQL includes definition instructions of relational data structures for attaching, processing and deleting data records as well as for data retrieval.

SQL is implemented in many modern database systems, such as in products of the producers Microsoft®, Orcale or Sybase and has also been included in the classic object relational database management system Postgres-SQL.

 

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--> next term: Used Software Licenses 

--> Purchasing Used Software Licences for Special Applications

Used Software Licences

The discussion about the trade and the sale of used software licences is going to develop into an economic leading debate within the forthcoming years. 

By means of the verdict of the Federal Court of Justice Munich of 3. August 2006 it has been temporarily stated that in case of software only exclusively or mainly being available via downloads (as in the case of the software producer Oracle) the exhaustion rule is not applicable i.e. in this case overstretched. On the other hand there are no real hints about an interpretation, which clearly define a fundamental prohibition of the trade with used software licences.

Clients of the company usedSoft as well as well-known buyers of renowned industrial companies have repeatedly made clear how important an insisting strengthening of the freedom of availability about their property is to them. Some people also believe that an enforced legal strengthening of the trade with used software license is a long overdue correction possibility for exorbitant software prices during the last decades.

Here you can find the usedSoft-homepage with all details about used software licenses.

 

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--> next term: Windows Operating System. Win 3.1 

--> Used Software Licences from usedSoft