XYPLORER FILE MANAGER for 3 devices Windows + Update No subscription

Legal matters

With the legally binding judgment of the Federal Court of Justice of 11.12.2014 with the file number: IZR 8/1 /3 we do not violate any rights of third parties with our offer & therefore do not violate any principles, the software is a single-user licensing from a volume contract takeover, a registration to an ID is therefore not possible. You can activate the product, use it without restriction and also obtain updates etc., but you cannot register it.

European legal situation

"A software manufacturer cannot oppose the resale of its 'used' licenses that enable the use of its programs downloaded from the Internet."

From the press release no. 94/12 on the judgment in case C-128/11 of the Court of Justice of the European Union (CJEU)

Information obligations of the seller before the sale of used software, according to OLG Hamburg, decision of June 16, 2016 - 5 W 36/16 Rn. 37 ff. = CR 2016, 642 ff.

Note: This view of the Higher Regional Court of Hamburg has not yet become the subject of supreme court rulings. Nevertheless, we adhere to it.

Accordingly, a seller of used software licenses must already inform potential buyers in his sales offer about:

the supply chain and the authorization with regard to the used software offered or the license (we are able to do this. We also have the login to the account where the licenses are stored)
the circumstances that led to the exhaustion of the distribution right of the used software under copyright law within the meaning of Section 69c No. 3 UrhG (by provable purchase of the license)
the fact that the seller and any previous owners of the software license have deleted their copies of the software or otherwise rendered them unusable (we can only act in good faith)
the right of the potential purchaser to use all updates and upgrades of the software that have been released since the initial purchase of the basic version.
(You will receive this automatically from the manufacturer as long as it is provided)
Furthermore, we can assure you that;

The contractual software was acquired for an indefinite period and paid for in full.
No ancillary agreements have been made that affect the intended use of this software.
No third-party rights to the software exist, nor have the relevant licenses been transferred to another person or entity.
The software was placed on the market in the territory of the European Union or another state party to the Agreement on the European Economic Area by way of sale with the consent of the software reseller or was transferred in accordance with the contract to an affiliated company of the original purchaser in the territory of the EU or another state party to the Agreement on the European Economic Area