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Shrink wrap contracts are
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 text, boilerplate contract'') is a contract between two parties, where the terms and con ...
s packaged with products; usage of the product is deemed acceptance of the contract. Web-wrap,
click-wrapA clickwrap or clickthrough Contract, agreement is a digital prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policy, Privacy policies, terms of service and other user policies, as well as copyr ...
and
browse-wrapBrowse-wrap (also Browserwrap or browse-wrap license) is a term used in Internet law to refer to a contract or license agreement covering access to or use of materials on a web site or downloadable product. In a browse-wrap agreement, the terms and ...
are related terms which refer to license agreements in software which is downloaded or used over the
internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a ''internetworking, network of networks'' that consist ...

internet
. A
software license A software license is a legal instrument (usually by way of contract law A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Sk ...
agreement is commonly called an
end user license agreement An end-user license agreement (EULA, ) is a legal contract entered into between a software developer A computer programmer, sometimes called a software developer, a programmer or more recently a coder (especially in more informal contexts), is ...
(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 enacted by
Louisiana Louisiana (Standard French Standard French (in French: ''le français standard'', ''le français normé'', ''le français neutre'' eutral Frenchor ''le français international'' nternational French is an unofficial term for a standard ...
and Illinois in an attempt to address this issue, but parts of the Louisiana act were invalidated in '' Vault Corp. v. Quaid Software Ltd.'', and the Illinois act was quickly repealed. Case history also fails to clear up the confusion. One line of cases follows '' ProCD v. Zeidenberg'' which held such contracts enforceable (see, e.g., '' Bowers v. Baystate Technologies'') and the other follows ''Klocek v. Gateway, Inc.'', which found the contracts at hand unenforceable (e.g., ''
Specht v. Netscape Communications Corp. ''Specht v. Netscape'', 306 F.3d 17 ( 2d Cir. 2002), is a case in the United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United Stat ...
''), but did not comment on shrink wrap contracts as a whole. These decisions are split on the question of consent, with the former holding that only objective manifestation of consent is required while the latter require at least the possibility of subjective consent. In particular, the Netscape contract was rejected because it lacked an express indication of consent (no "I agree" button) and because the contract was not presented directly to the user (users were required to click on a link to access the terms). However, the court in this case did make it clear that "Reasonably conspicuous notice of the existence of contract terms and unambiguous manifestation of assent to those terms by consumers are essential if electronic bargaining is to have integrity and credibility." Specht, 306 F.3d 17.


See also

* '' Data General Corp. v. Digital Computer Controls, Inc.'' * ''
SoftMan Products Co. v. Adobe Systems Inc.{{Infobox court case , name = SoftMan Products Co. v. Adobe Systems , court = United States District Court for the Central District of California , image = , imagesize = 95 , date decided = October 19, 2001 , full name = SoftMan Products Compan ...
'' * '' Vernor v. Autodesk, Inc.'' *
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 A contract is a legally binding agreement that defines ...
, another name for a "take it or leave it" contract


References


Further reading

* *
Intellectual Property and Contract Law for the Information Age
{{DEFAULTSORT:Shrink Wrap Contract Terms of service Contract law Computer law Software licenses