Licensed Software Service Terms
ARTICLE 1 – DEFINITIONS
“Licensed Software” means software for which a legitimate license has been purchased from the original manufacturer (ISV – Independent Software Vendor) through Pho Tue Software Solutions JSC (the “Authorized Reseller or Direct Partner”). The Reseller/Partner supplies genuine licenses, guarantees activation from the manufacturer's own servers, and provides a valid VAT invoice.
1.1 Core software catalog
| Catalog | Featured products | Licensing model |
| Operating system | Windows 10/11 Pro, Enterprise, Server 2019/2022/2025 | OEM, Retail, Volume (MAK/KMS) |
| Security & antivirus | Kaspersky, ESET, Bitdefender, Microsoft Defender for Endpoint | Annual subscription |
| Office | Microsoft 365, Office 2021/2024 LTSC | Subscription, Perpetual |
| Adobe Creative | Adobe Creative Cloud (All Apps, Single App) | Monthly/annual subscription |
| Autodesk | AutoCAD, Revit, 3ds Max, Maya | Subscription, Multi-user |
| Database & Middleware | Microsoft SQL Server, Oracle DB, IBM Db2 | Per Core, CAL, Subscription |
| System administration | VMware vSphere, Windows Server Datacenter, Citrix | Per Socket, Per User |
| ERP & Business | SAP, Odoo Enterprise, Microsoft Dynamics 365 | Subscription, Perpetual |
| Graphics & CAD | CorelDRAW, Vectorworks, SolidWorks | Perpetual, Subscription |
| Accounting software | MISA, Fast Accounting, Bravo | Subscription, Perpetual |
ARTICLE 2 – LICENSE TERMS OF USE
2.1 A license is a right to use, not a right of ownership
Under Article 23 of the Intellectual Property Law 2005 (Luật Sở hữu trí tuệ 2005): purchasing software only grants a right of use under the terms of the manufacturer's End User License Agreement (EULA). The buyer does NOT have the right to: copy the software for resale, rent it out, lend it, modify the source code (unless the EULA permits this), reverse engineer it, or redistribute it in any form.
2.2 Common license types
| License type | Description | Note |
| Perpetual | Own one version outright, with no renewal needed | Does not receive major version updates |
| Subscription | Monthly/annual subscription with continuous updates | Access is lost upon expiration |
| OEM | Tied to the hardware; not transferable to another machine | Tied to the original device |
| Volume (MAK/KMS) | Multiple licenses for an organization, activated through an internal server or online | Requires quantity tracking |
| Concurrent/Floating | N concurrent users, unlimited installations | License Manager required |
| Named User | Bound to a specific user; no account sharing | Track by email/ID |
ARTICLE 3 – GENUINE, MANUFACTURER-AUTHORIZED PRODUCTS
- Every license sold by the Reseller can be verified directly with the manufacturer through its official portal (Microsoft Partner Center, Autodesk Account, Adobe Admin Console, etc.).
- The reseller provides a Certificate of Authenticity (COA), a product key, or an activation link sent from the manufacturer's official email.
- A VAT invoice (10%) as required by Vietnamese law, issued with each transaction.
- If the vendor revokes a key because of a licensing error on the Reseller's side, the Reseller undertakes to supply a replacement key free of charge within 5 business days.
ARTICLE 4 - LEGAL LIABILITY FOR COPYRIGHT INFRINGEMENT
Using unlicensed software breaches the Intellectual Property Law 2005 and may be dealt with under:
| Violations | Administrative penalties | Criminal penalties |
| Copying unlicensed software | Decree 131/2013: fine of 15–35 million VND per work | Article 225 of the Penal Code (BLHS): imprisonment of up to 3 years |
| Distributing or selling pirated software | Decree 131/2013: fine of 25–50 million VND | Penal Code Article 225: 6 months–3 years' imprisonment plus a fine |
| Large-scale production/business | Confiscation of the infringing goods and equipment | Penal Code Article 225, clause 2: 3–7 years' imprisonment |
| Commercial legal entities in violation | – | Penal Code Article 226: a fine of VND 200 million to VND 3 billion and suspension of operations |
The Reseller/Partner encourages the Customer to carry out periodic Software Asset Management (SAM) inventories to ensure compliance and avoid legal risk.
ARTICLE 5 – RETURNS AND REFUND POLICY
- Activated perpetual licenses: non-refundable. If a key has a technical fault, it is replaced within 5 business days.
- Subscription licenses: cancellation and refund follow the manufacturer's policy. A refund is normally available within the first 30 days if usage has been minimal.
- OEM software: no refund once delivered with hardware or once the OEM license has been handed over.
- Special case (a key disabled by the manufacturer through no fault of the Customer): the Reseller/Partner replaces it free of charge.
ARTICLE 6 – UPDATES AND UPGRADES
- Subscription license: receives updates and new features automatically during the subscription term.
- Perpetual license: receives security patches only for as long as the vendor supports the release. Moving to a major version requires purchasing an upgrade license.
- The reseller notifies the Customer when the version in use is approaching the end of its support lifecycle (End of Life/End of Support).
ARTICLE 7 – EFFECTIVE DATE
These terms apply alongside the manufacturer's EULA. In the event of a conflict, the manufacturer's EULA prevails. The Reseller/Partner reserves the right to amend them with 30 days' prior notice.
