Volume License vs. Retail for Office: What's Truly Transferable

Short Answer: Legally transferable used Office licenses typically originate from volume licensing programs. OEM licenses are permanently tied to the original hardware. Retail licenses, depending on the version and origin, are only transferable to a limited extent. If someone offers you a cheap retail key for Office 2019 or newer, they usually cannot prove its transferability.

Overview of the three license types

When purchasing an Office license, it is not the scope of functions that determines whether you can legally continue to use it, but the license type.

Retail

The classic retail version, originally intended for end customers. Older retail versions were tied to one person and could be transferred to a new device. With newer versions, Microsoft has tightened the conditions.

OEM

Is delivered together with a computer and is permanently tied to this hardware. Transfer to another computer is not permitted under the license terms – even if the original computer is defective.

Volume License

Companies acquire licenses through programs such as Open License, Select, or MPSA. These licenses are transferable under certain conditions and therefore form the basis of the reputable used software market.

Why this is particularly important for Office 2019 and newer

This is the point where reputable offers are distinguished from dubious ones. For Office 2019 and all newer versions, the following applies: Used licenses that can be legally transferred almost always come from volume licensing programs – not from retail or OEM stocks.

So, if a provider sells you a remarkably cheap retail key for Office 2021 or Office 2024, you should ask about its origin. If they cannot prove the chain of transfer, the license is worthless in an audit.

The legal basis

In 2012, the European Court of Justice ruled in the UsedSoft v. Oracle case (Case C-128/11) that software licenses may be resold within the EU – even for download software. The Federal Court of Justice subsequently confirmed this ruling.

For a resale to be lawful, four conditions must be met:

1. The license was originally placed on the market in the European Economic Area.
2. It is a perpetual license, not a subscription.
3. The previous owner has rendered their copy unusable.
4. The license is transferred in full – volume packages may not be arbitrarily split.

“The seller couldn't tell me whether it was a volume or retail license - so I politely declined." An IT manager describes what he now particularly looks for in used software since a too-cheap offer seemed suspicious to him.

How to recognize a clean license

• The dealer states the license type openly and without being asked.
• There is an invoice with VAT shown.
• The chain of transfer is documented.
• The previous owner confirms in writing that they are no longer using the software.

At Firstsoft, every license is individually checked before sale and delivered with these documents. See the available Office licenses, or directly Office 2024 Professional Plus and Office 2021 Home & Business.

All legal background information can be found bundled in the Office Guide. The Comparison Tool clarifies which edition suits you.