Tricky objections & how to handle them

"Is it safe to move from primary software to secondary?", "Can we use secondary software simultaneously with primary?", "We use only OEM, we don’t want volume licenses" and other topics

How to introduce Forscope?

We are the largest software broker in CEE and we specialize in cost-effective software solutions for B2B and public administration. We help companies optimize IT budgets, ensure license compliance, and deliver innovative IT solutions. Operating in nine EU countries, our goal is to provide maximum value tailored to your needs.

Objections & situations

1. “Is it safe to move from primary software to secondary?”

a)    Microsoft audit

Customers give Microsoft a right to audit by signing an agreement when purchasing a software from primary distribution.

1. If the customer is using both primary and secondary software, there is the same chance of a Microsoft audit, as if they would be using solely primary software. The rule is that all the software that the company is using must be covered by a valid license – no matter if primary or secondary.

2. If the customer is using solely a secondary software, then Microsoft has no right to make an audit of this software, as no agreement with Microsoft was signed by the customer.

3. Based on the ECJ ruling about the exhaustion of the distribution rights, there is no legal obligation for Microsoft to be notified in any way when a customer is selling or buying pre-owned perpetual licenses, therefore such trade does not automatically trigger an audit by Microsoft.

b)    Will it work?

Yes, secondary software has the same functional and support expectations as primary software – the only difference is the way of the distribution. There are the very same installation files and activation processes, as well as safety/feature updates – based on the general lifecycle of the software.

c)     Do I risk company safety?

No, secondary software does not create any new vulnerabilities per se. You can think of it the same way as if you bought this software as primary – as long as the product is within its support lifecycle, there is nothing different about how you should treat it.

2. “Can we use secondary software simultaneously with primary?”

Yes, you can, both subscriptions and perpetual licenses from primary distribution can be used along with secondary software. Microsoft cannot forbid you to use the secondary software. 

3. “We use only OEM, we don’t want volume licenses”

Many customers with this argument don’t understand the benefits of volume licensing compared to OEM yet:

1. OEM limits you to have 1 key for each device, therefore installation of the software becomes more complicated with a bigger number of the devices – unlike volume licenses where you can do the deployment in a batch.

2. Same goes when a device is broken/stolen, you can’t reuse your key on another device – with an OEM license you’d always need to buy a new one. With a volume license you can use the same key as you did on the rest of your devices.

3. In case of secondary software, it is very difficult to identify and document the origin of the OEM license properly, therefore it may be problematic in case of an audit. Volume licenses are easy to track to their first owner, they have identifiers of originating agreement and enrollment, and it’s always possible to verify their whole history, which leaves you with no worries about the audit.

Find more information about OEM and other license types here:
What is a software license and what types of Microsoft licenses are there?

4. “We won’t get to add secondary software to our Microsoft account”

It is not possible to transfer Microsoft software from one account to another, but it is not a legal nor technical requirement for a proper use of the software. For the organizational purposes, we assign the secondary software from Forscope to our OneSAM portal, which serves as a replacement for the Microsoft account, and gathers all the information about the software, including legal documentation.

5. “We are an MS SPLA partner (cloud provider)”

There are multiple ways of cooperation that we can establish with MS SPLA partners.

1. The SPLA partner is providing subscription licenses to their customers, who are migrating from on-premise infrastructure to cloud, and may have redundant perpetual licenses that they can’t use in the cloud.
   
   We can offer a buy-up of these licenses, which will leverage overall costs of migration to cloud, and make the offer of the SPLA partner way more attractive.

2. Another way is to offer them perpetual licenses which are eligible for use in the cloud. For most customers, it makes a great difference to consider a one-time payment for the server licenses, instead of monthly/yearly payment. E.g. Windows Server 2019 is supported until January 2029, which makes its price comparable to subscription for at least 4 years.

6. “We have only subscription products”

In such cases, these are the following ways to offer a cooperation:

1. We can offer them a consultation to see if the all-subscription model is truly the most cost-effective solution for them, and possibly prepare a more optimized offer tailored to their IT environment – depending on their situation.

2. They may have redundant perpetual licenses available for a buy-up.

7. “I’ve seen the same product for 1 € on the internet”

Extremely cheap software that you can find on ebay or plenty of other platforms is with utmost probability not legal to use or cannot pass an audit. In most cases you would buy only a key – not the actual right to use the software. It’s the same as buying a key for a house, but not the house itself – it would be illegal to enter it, even if you own that key.

Those keys usually aren’t meant for resale and deployment in a company, but only for testing purposes, or it could be volume keys without documentation proving their origin – therefore without an option to use it legally in a company.

Comprehensive guide on detecting illegal sellers can be found here:
How not to get scammed when buying software? [PDF]

8. “We already have a key from a key seller and it’s working well
(we don’t need another)”

A working key does not equal a legal license – it actually doesn’t matter what key the customer is using, as long as they can prove they own the right to use the software. That is not possible with just a key from a key seller.

How not to get scammed when buying software? [PDF]

9. “We have an Enterprise Agreement with Microsoft”

An Enterprise Agreement does not prevent a customer from sourcing their software from another distribution – applies both to primary and secondary software. There are multiple distribution channels, and it is possible to mix the ways of sourcing. Enterprise Agreement is optimal for customers that need to purchase a lot of licenses often – however, our analysis could show if buying everything from EA is truly beneficial for the customer.

10. “Is software from Forscope compliant with the NIS2 directive?”

NIS2 does not refer to any software in particular, mainly it does not forbid companies from using secondary software. The main point of NIS2 is to perform risk analysis concerning companies' IT environment.

11. “How can I install/activate your license?”

The installation/activation process remains the same for new and secondary software licenses. For installation guides, please refer to the Academy section of our site.

12. “We use the MS portal for evidence”

We offer our OneSAM portal, where customers can track and manage their secondary licenses. Secondary licenses cannot be assigned/transferred to a Microsoft account, however it’s not a legal nor technical requirement.

13. “Is perpetual less safe than subscription (cloud vs on-premise)?”

There is no difference in safety, as long as you’re aware of the support lifecycle of the perpetual software. Additionally, when it comes to the cloud, you have to take into account that your data is being stored in a remote server, instead of on your own premises, which for some people can be considered less safe.

14. “Will it not ruin our relationship with Microsoft when we switch to secondary software?”

Microsoft has to respect your freedom of choice when buying anything, especially costly assets such as software. Buying everything from one source (vendor-lock) is a very well known mistake, and a risky business practice in the procurement field. And most importantly, Microsoft cannot forbid you from trading with secondary software – if they did, that would go against the ECJ ruling.

15. “What does Microsoft think of Forscope?”

Microsoft recognizes and acknowledges the secondary software market – as demonstrated by this letter: Microsoft SHS Letter to EU Customers-Partners – April 26 2017 [PDF]

16. “Do we have to organize a tender when we want to buy software?”

Feel free to ask public sector customers what’s the limit under which they don’t need a tender and they can buy software directly. The fact that they do not have to deal with fraudulent bids and at the same time they can save significantly compared to new licenses can motivate the contracting authority to purchase directly without a tender. Alternatively, inquire whether it is possible to issue only a closed tender where only trusted suppliers would participate. Each organization has set limits differently. If we fit within this limit, the tender process may be unnecessary.

In some countries, purchasing for government bodies is centralized. Other categories of public contractors, such as various local governments, hospitals, universities etc, usually do not fall under this centralization, or can only use it voluntarily.

17. “How can you be sure that a given key is not sold more than once?”

At Forscope, we work exclusively with perpetual volume licenses, which are designed for professional use and offer significantly more control, transparency and legal clarity than OEM or retail licenses. This makes them ideal for business environments.

To ensure that each license key is assigned only once and is never duplicated, we operate according to the following framework:

• Each license is tracked in our internal license management system, ensuring that each key is assigned to only one customer.

• We maintain complete documentation on the origin and history of transmission in accordance with the legal requirements defined by the European Court of Justice (C-128/11).

These practices are regulated by certified management systems – we hold both certificates:

✅ ISO 9001 (Quality Management)
✅ ISO 27001 (Information Security)

This ensures that all processes, from procurement to resale, follow strict internal controls and traceability rules.

Forscope is an audited joint stock company (jsc = a.s.), which ensures full regulatory oversight.

We can provide an official statement from Deloitte to our clients that confirms the transparency and legality of our operating model.

18. “What happens if the key stops working (e.g. Microsoft blocks it)?”

We offer a full replacement guarantee for all licenses – if any license key is ever blocked (for reasons beyond your control), we will immediately provide you with a new valid key free of charge.

19. “What happens if Forscope no longer exists – then who provides replacement or support?”

This is an understandable and valid question. We have several answers to mitigate the risk:

• We are covered by comprehensive liability insurance, which ensures that our obligations to customers are financially supported even in extraordinary situations.
  Liability insurance – additional assurance for risk-free purchases

• We are ISO 9001 (quality management) and ISO 27001 (information security) certified, which reinforces our commitment to operational reliability and data protection.

• Even in the unlikely event of company closure, the perpetual licenses you purchase remain valid because they are independent of the reseller once they have been properly acquired. This is a key advantage of perpetual licensing (compared to subscription-based licensing).

• Forscope is a stable, profitable company that has been on the market for 15 years, with more than 50 employees.

Who guarantees that Microsoft or any other company will be on the market in 5, 10 years?

For all other questions and necessary documentation, the Forscope team is at your disposal.