The restriction is on the drivers.
However in case of reselling software the corresponding restriction is obviously seen as illegal (or non-binding) in the EU. On the other hand there are restrictions such as copying, running software X on Y computers etc that are valid and binding.
BUT AFAIK you can make legal copies for Backup purposes of your legally acquired software.
Also AFAIK a restriction to run Software on a certain type of Hardware is not valid in Germany. For example I'm pretty sure that Apple can't do anything against Hackintoshs here.