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Shrinkwrap (contract Law)
Shrinkwrap contracts or shrinkwrap licenses are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract. Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet. A software license agreement is commonly called an end user license agreement (or EULA). The term 'Shrink Wrap' describes the shrink wrap plastic wrapping which coats software boxes or the terms and conditions which comes with products on delivery. Shrink wrap assertions are unsigned permit understandings which state that acknowledgement on the client of the terms of the assertion is demonstrated by opening the shrink wrap bundling or other bundling of the product, by utilisation of the product, or by some other determined instrument. United States The legal status of shrink wrap contracts in the US is somewhat unclear. In the 1980s, software license enforcement acts were enac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boilerplate Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Specht V
Specht is a German and Dutch surname meaning "woodpecker". Notable people with the surname include: *August Specht (1849–1923), German natural history painter *Bobby Specht (1921–1999), U.S. figure skater *Doug Specht (born 1942), Canadian footballer *Eckehard Specht (born 1953), German chemical engineering professor and thermodynamics expert *Günther Specht (1914–1945), German fighter ace in the Luftwaffe during World War II *Harald Specht (born 1951), German scientist and author, mainly known for his books about Jesus of Nazareth and early Christianity *Harry Specht (1929–1995), U.S. social worker, author, and dean (1977-1995) of the University of California, Berkeley School of Social Welfare *Johann Georg Specht (1721–1803), German civil engineer and architect *Karl-Wilhelm Specht (1894–1953), German infantry general during World War II *Léonard Specht (born 1954), French professional football player *Michele Specht (born 1973), U.S. actress, comedian, and voice actr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
InformationWeek
''InformationWeek'' is a digital magazine which conducts corresponding face-to-face events, virtual events, and research. It is headquartered in San Francisco, California and was first published in 1985 by CMP Media, later called Informa. The print edition of the magazine has ceased, with the last issue published on June 24, 2013. History The print edition began in 1985 using the name ''Information Week''. * April 1999 - Information Week began its 14th international edition: Brazil. * May 1997 through 2000 – The worldwide regional publications of '' LAN Magazine'' were renamed to the already existing ''Network Magazine''. Networkmagazine.com and lanmag.com now redirect to informationweek.com * September 2005 – ''Network Magazine'' (networkmagazine.com) was renamed ''IT Architect'' (itarchitect.com). The offline publication was shut down after the March 2006 issue. itarchitect.com now redirects to InformationWeek. * June 2006 – The company announced that offline publicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Adhesion
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vernor V , an American soft drink
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Vernor may refer to: Places *Vernor, Queensland, a locality of the Somerset Region in Queensland, Australia Names *James Vernor, an American pharmacist *Vernor Vinge, a science fiction author *Vernors Vernors is an American brand of ginger ale owned by Keurig Dr Pepper that was first served in 1866 by James Vernor, a Detroit pharmacist. History Vernors is the oldest surviving ginger ale, according to the company it was first served to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Data General Corp
In the pursuit of knowledge, data (; ) is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted. A datum is an individual value in a collection of data. Data is usually organized into structures such as tables that provide additional context and meaning, and which may themselves be used as data in larger structures. Data may be used as variables in a computational process. Data may represent abstract ideas or concrete measurements. Data is commonly used in scientific research, economics, and in virtually every other form of human organizational activity. Examples of data sets include price indices (such as consumer price index), unemployment rates, literacy rates, and census data. In this context, data represents the raw facts and figures which can be used in such a manner in order to capture the useful information out of it. Dat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bowers V
Bowers may refer to: Persons *Bowers (surname) Places ;Antarctica * Bowers Mountains * Bowers Piedmont Glacier ;United Kingdom * Bowers, Staffordshire, England * Bowers Gifford, Essex, England ;United States * Bowers, Delaware * Bowers, Indiana * Bowers, Pennsylvania * Bowers, Wisconsin * Bowers House (other), several structures * Bowers Museum, Santa Ana, California * Bowers Stadium, Sam Houston University, Texas Other uses * Bowers & Wilkins, a loudspeaker company in the United Kingdom * USS ''Bowers'' (DE-637) * ''Bowers v. Hardwick'', a 1986 U.S. Supreme Court decision * '' Bowers v. Kerbaugh-Empire Co.'', a 1926 U.S. Supreme Court decision * Bowers Coaches, a bus company based in the High Peak area of Derbyshire in England * Bowers' operators, a way to write large numbers * Betty Bowers, a fictional character See also * Bauer (other) * Bower (other) Bower may refer to: Arts and entertainment * '' Catherine, or The Bower'', an unfinish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clickwrap
A clickwrap or clickthrough agreement is a prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policies, terms of service and other user policies, as well as copyright policies commonly employ the clickwrap prompt. Clickwraps are common in signup processes for social media services like Facebook, Twitter or Tumblr, connections to wireless networks operated in corporate spaces, as part of the installation processes of many software packages, and in other circumstances where agreement is sought using digital media. The name "clickwrap" is derived from the use of "shrink wrap contracts" commonly used in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within". The content and form of clickwrap agreements vary widely. Most clickwrap agreements require the end-user to manifest their assent by clicking an "ok" or "agree" button on a dialog box or po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ProCD V
''ProCD, Inc. v. Zeidenberg'', 86 F.3d 1447 (7th Cir., 1996), was a court ruling at the United States Court of Appeals for the Seventh Circuit. The case is a significant precedent on the matter of the applicability of American contract law to new types of shrinkwrap licenses that arose with home computing and the Internet in the 1990s, and whether such licenses are enforceable contracts. Background In the mid-1990s, Matthew Zeidenberg purchased a telephone directory database, SelectPhone, on a CD-ROM produced and sold by the company ProCD. That company had compiled information from over 3,000 local telephone directories, at a cost of more than $10 million, and sold the results to marketers and other interested persons. To recoup its costs, ProCD discriminated based on price by charging commercial users a higher price than it did to everyday, non-commercial users. Zeidenberg started his own business called Silken Mountain Web Service in which he intended to sell categorized list ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
