clickwrap

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Related to Click wrap: Click through license

clickwrap

The on-screen end user license agreement (see EULA) that is part of the installation of software downloaded to a computer. The term was coined as a replacement for "shrinkwrap." Before applications were routinely downloaded, a written license agreement was included inside or printed on the outside of the box the software came in. It stipulated that opening the box (removing the shrinkwrap) or opening a separate shrinkwrapped set of discs was explicit acceptance of the agreement.

There have been several court cases involving the clickwrapped license, and outcomes have favored both the software publisher and the customer.
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The American courts have taken an extremely practical approach to the enforceability of shrink wrap and click wrap licence agreements.
The software developers appear to have won the battle over the general enforceability of shrink wrap and click wrap licence agreements.
Because you have to click on the accept button to proceed with the installation, these types of licence agreements have become known as click wrap licences.
Shrink wrap and click wrap licences are dramatically different from other types of agreements.
Because of these differences, there are numerous issues with respect to the enforceability of shrink wrap and click wrap licence agreements.
In particular, as we note, there are occasions, including in transactions involving open source software, in which established custom counsels against requiring the click wrap.
Some of the largest information companies and major law firms provided examples of forms for content licensing and distribution, Web hosting, linking, database use, Web site development, copyright authorization, branding and marketing, click wraps and dozens of other relationships.