Can I legally use and resell factory software?
Check the exact software release against its component list, licence texts and evidence of the supplier's authority. Confirm that your intended use and customer distribution are covered, then prepare any applicable notices and source-code materials before release. Supplier evidence gathering in China can be coordinated by Cambridge China Bridge.
Define what you will use and distribute
Start with the firmware inside the goods, companion apps, installation files, drivers and update packages. Record whether your business will only operate the equipment, supply software inside products, send installers to customers or offer downloads. Include rebranding, modifications and maintenance by another developer in the intended-use brief. For software-related computer or file damage, see our UK seller software damage claims guide.
Put the approved software release and intended distribution route into your product specification. Keep the licensing review alongside the separate connectable-product security checks; this guide addresses software permissions and supplier evidence.
Trace permission for third-party software
For this sourcing check, establish permission to copy and use copyright material rather than assuming the hardware purchase covers the software. Ask for the complete licence texts and evidence connecting the rights holder, developer, factory and your business. Treat a working activation key, screenshot or supplier invoice as insufficient evidence of the intended distribution rights.
Ask the supplier to identify the clauses covering commercial use, installation on supplied devices, customer distribution, updates, modifications and rebranding. Record any territory, duration, device or user restrictions for review. Where the supplier relies on a reseller or developer agreement, request the relevant authorisation and verify it with the named licensor if unclear.
Check open-source terms component by component
Open-source licences have different terms for using and modifying code. Request a software component inventory covering the supplied release, including dependencies, component versions, origins, licence names and complete licence texts. Ask the developer to identify modified components and explain how they are combined with the factory's own code.
For each component, ask whether your proposed distribution calls for copyright notices, licence copies, change notices, corresponding source code, build materials or a written source offer. Request the relevant clause and the proposed fulfilment method. Have a software licensing specialist review uncertain combinations and source-disclosure questions before approving distribution.
Request a release evidence pack
Request the actual installation and update files, their release identifiers and file hashes, the component inventory, third-party authorisations and the customer-facing licence and notice files. Where the review identifies source-delivery obligations, request the matching source package and instructions for obtaining it. Ask a developer to check that the materials correspond to the delivered software.
Test the customer route: locate the notices on the device or installer, download any promised source package and check who handles requests after the factory relationship ends. Keep missing evidence on an outstanding-action list. A supplier declaration and an automated scan can support the review, but should not close unexplained gaps.
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Make approval survive shipment and updates
Agree an order condition requiring the approved software release and its evidence pack before shipment. Request written supplier commitments on authority to supply, disclosed third-party components, correction of licensing gaps and notification of software changes. Ask your adviser to review the proposed remedies and responsibility for infringement claims.
Use the pre-payment checklist for the wider shipment decision. Recheck replacement controllers, app releases and firmware updates against the approved record. Cambridge China Bridge's own staff in China can coordinate supplier document requests; the buyer should assign technical and legal approval to suitably qualified reviewers.
Frequently asked questions
Does buying a machine include software resale rights?
Do not assume it does. Request the licence and evidence that supplying the software to your customers is covered, including installers and updates.
Can I sell products containing open-source software?
Check each component's licence against your distribution plan. Ask the developer to identify applicable notices, licence copies and any source-delivery conditions before release.
Do I have to publish all my product's source code?
Do not decide from the label 'open source'. Review the actual licences, modifications and component relationships with a software licensing specialist.
What software evidence should I ask the factory for?
Request a release-linked component inventory, complete licences, third-party authorisations, customer notices and any applicable source package or source-offer arrangements.