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Sale of unbranded software

The issue of whether unbranded software qualifies as goods or services, has not been conclusively decided by courts so far. It will depend on the facts of each case. Unbranded software could qualify as goods in certain circumstances, that is, where it is capable of being transmitted, transferred, delivered, stored or possessed.

Further, the terms of the End User License Agreement (EULA) must be looked into to determine the nature of the transaction. If it only provides a license to use, it may be considered a service. If, however, it allows for modification, reproduction, and reselling of the software, then it may be considered goods.

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