This is important because software is increasingly provided over the Internet in the form of Software as a Service (SaaS) with access, licensed on subscription, without ever leaving the provider`s computer server. These licensing models are more like a service than a direct sale of goods. The decision in Software Incubator does not take this type of situation into account. Therefore, in cases where the only means of supply is access to a temporary or subscription licence, the situation still needs to be carefully examined. The Commercial Agents Regulation defines a commercial agent as “an independent intermediary who remains empowered to negotiate the sale or purchase of goods on behalf of another person”. The definition deliberately renounces services and only covers the sale or purchase of goods. .