Shrinkwrap

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  • Topic: Shrink wrap contract, Software licenses, Clickwrap
  • Pages : 2 (549 words )
  • Download(s) : 22
  • Published : May 1, 2013
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The phrase used to describe a type of purchase or license agreement associated with shipped goods, such as boxed versions of computersoftware purchased at a store. Shrink-wrap licenses usually means that the  "agreement is bound with the product by plastic wrap (shrink wrap)", and will specify rights of use, fees, warranties and limitations of liability and End User License Agreement (EULA) printed on paper inside the product box or packaging. Consumers make the purchase, remove the shrink wrap and open the product. Shrink wrap agreements usually specify that opening the product constitutes acceptance of the terms and EULA. Type of passive contract which the buyer of a software is deemed to accept by the fact of opening its shrinkwrapped package. This license usually includes terms that (1) prohibit making unauthorized copies, (2) prohibit any modification, (3) prohibit resale, (4) limit use to one or a specified number of computers, (5) limit publisher's liability. The legal implications of a shrinkwrap license are still controversial and far from being standardized. See also point and click agreement and software license.

A shrink wrap license is an end user agreement (EULA) that is enclosed with software in plastic-wrapped packaging. Once the end user opens the packaging, theEULA is considered to be in effect. There are some concerns about the legality of an agreement that the user cannot examine prior to purchase. To address these concerns, some manufacturers use an onscreen version that the user must agree to before installation can proceed.  An onscreen EULA is sometimes referred to as a click wrap agreement.

A clickwrap agreement (also known as a "clickthrough" agreement or clickwrap license) is a common type of agreement often used in connection with software licenses. Such forms of agreement are mostly found on the Internet, as part of the installation process of many software packages, or in other circumstances where agreement is sought using...
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