Not sure how first sale affects software sales other than software rental in the USA is an exception to the first sale doctrine. Software rental is not allowed unless it's a physical video game copy for a video game console or you have a physical copy of the software and you can't just easily make a copy of it in the normal course of using it (not sure exactly what this would mean, but presumably things like software for embedded devices). There are exceptions for libraries and educational institutions.
I am not a lawyer, however.