I have already explained the general principles and the problems that arise when a lease agreement exists in the event of the licensor's insolvency elsewhere. Here, the topic of "Insolvency of the licensor in the existence of a purchase agreement" still needs to be explained.
These views should be rejected. It is certainly true that purchase agreements for software also contain ancillary obligations such as non-disclosure and confidentiality agreements. If one assumes a very broad interpretation of § 103 InsO, this would mean that the contract is "not completely fulfilled" as long as the confidentiality and non-competition obligations exist. Since confidentiality and non-competition obligations can be effectively agreed for a period of 2 years after the end of the contract, this would mean that the contract could still be terminated by an insolvency administrator for 2 years. The only requirement would be that insolvency proceedings are opened against the buyer's assets within 2 years of the conclusion of the purchase agreement and the insolvency administrator refuses to fulfill the agreement. If this seems too abstract and theoretical for you, you should take a look at a decision by the Darmstadt Higher Labor Court from 2003, which rightly caused quite a stir in the legal literature.