Home Licence legality Are used software licences legal?

Are used software licences legal?

Last updated on Oct 28, 2026

Reselling used software is legal in Spain and the EU when its conditions are met.

  • The basis is the exhaustion principle under Spain’s Intellectual Property Law, Royal Legislative Decree 1/1996.
  • It is also recognised by the Court of Justice of the European Union in UsedSoft v Oracle, 3 July 2012, C-128/11.
  • The first sale must have taken place in the EU or EEA with the rights holder’s consent, for a fee and with a permanent right of use.
  • The first buyer must have made their copies unusable; Licendi takes care of these requirements.
  • Registration with the manufacturer and its consent to resale are not legally required.

If anything is unclear, contact us through the chat on licendi.com or at info@licendi.com.