The transfer of second-hand corporate software is a complicated process. The licences usually state how and when they can be transferred. If transferred in breach of these conditions, the new user will be using the software illegally.

What you cannot do legally is to make a copy of software for your use and sell on the original. In these circumstances the copy you sell on might be legal but your copy would not be. With the increasing use of the Internet and "update checking" the vendor can check if two copies of a licence are in use and some will automatically make both invalid.

The sale and subsequent use of software is governed by copyright law and the licence agreement accompanying the software.
The rules vary from vendor to vendor. Some general steps can be recommended:

• If you sell software you must sell the original disk complete with licence. All software comes with a licence agreement, stating the conditions of purchase and use.
  
• Read it and check that you can sell it on and that the licence can be transferred. If you don't sell it with licence, you will be selling unauthorised software.
• You will need to supply the original package, disks and documentation. Original software is generally sold in boxes, on disks carrying the vendor's logo, unlike OEM product or illegal copies. You cannot sell on OEM software without the explicit agreement of the vendor and the licences user.
  

Some major vendors - including Adobe and Microsoft - will permit the on-sale of software.

Microsoft's Terms and Conditions provide some guidance as to what to expect from other vendors:

"Microsoft holds worldwide copyright on all Microsoft products. Microsoft's copyright is infringed if reproduction or use of the software occurs without a license from Microsoft, or, if unlicensed software is supplied.

"Fully-packaged Microsoft product can be on-sold to a second user if all of the original components of the retail box (the disks, the manual, the license agreement) are on-sold together."

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