What is the legal definition of a customer ?

Asked 12 months ago - Dallas, TX

If a customer purchases software from a reseller, and the software does not have a license agreement included with the purchase, is that customer a customer of the reseller or the company that owns the rights to the software?

Attorney answers (3)

  1. Orsen E. Paxton III

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Based solely on these limited facts the purchaser would be the customer of the reseller. The purchaser would potentially be using the software in violation of copyright laws.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  2. Warren Vincent Norred

    Pro

    Contributor Level 14

    Answered . As the previous answers indicated, based on the scenario you provided, the customer is a customer of the reseller.

    I'm not your attorney; my answer includes assumptions. If you want me to be your attorney, I'm easy to find.
  3. Daniel Nathan Ballard

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The general rule is that a buyer cannot lawfully acquire more rights than the seller has to sell. So, if a software manufacturer sells a license to Person A that permits that person to use a piece of software but which prohibits its resale then Person B does NOT acquire good title to that software if he buys it from Person A. The software manufacturer can seek to recover that software from Person B or sue him for infringement.

    The above response is general information ONLY and is not legal advice, does not form an attorney-client... more

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