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clickwrap
(redirected from Clickwrap agreement)

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clickwrap
An on-screen license agreement that is accepted by the user by clicking a button. Almost all software today uses the clickwrap method, which displays the End User License Agreement (EULA) as one of the first screens of the installation program. The installation can be continued if the user clicks "I Agree," "I Accept" or something similar; otherwise the application cannot be installed.

The term was coined as a replacement for "shrinkwrap." Before obtaining software online became commonplace, a written 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 disks was explicit acceptance of the agreement. See EULA.
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In the absence of fraud, the failure to read the terms of the clickwrap agreement does not negate the enforceability of that agreement.
So I clicked "I Agree"--am I bound? by Kratz, Martin P.J. / LawNow
Requiring the Buyer to Click "I Agree": Distinguishing Clickwrap from Browsewrap In establishing its two-tiered test, the Second Circuit's holding in Specht (42) effectively differentiated between an enforceable clickwrap agreement and what has become commonly known as browsewrap.
Finding common ground in the world of electronic contracts: the ... by Dickens, Robert Lee / Marquette Intellectual Property Law Review
Ross, Contracts Drafting Stronger Clickwrap Agreements, THE INTERNET NEWSL.
The fallacy that fair use and information should be provided for ... by Espana, Mauricio A. / Fordham Urban Law Journal
 
 
 
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