88) when a New York appellate court ruled that Microsoft's clickwrap agreement was a
shrinkwrap as well as a typical clickwrap agreement that splashed across
The clickwrap agreement barred a user of ProCD's software from
CD clickwrap agreement, the contract will not be held enforceable if the
Seventh Circuit held ProCD's clickwrap agreement to be enforceable,
171) A clickwrap agreement only provides the user with the
70) Since fair use is the objective of Congress that is most frequently cited as being blocked by shrinkwrap and clickwrap agreements, the following discussion focuses upon this limitation.
97) In the end, the only remaining purposes for creating shrinkwrap and clickwrap agreements arguably could be to disclaim warranties and to limit liability for breach of warranty, thereby calling into question the efficacy of passing legislation as extensive as UCITA.
Of course, one could argue that shrinkwrap and clickwrap agreements serve additional purposes beyond the most obvious three mentioned above.
Although shrinkwrap and clickwrap agreements may serve some limited purposes beyond placing limits on the reproduction and use of software, those purposes are either questionable or may be accomplished without passing extensive legislation.
Shrinkwrap and clickwrap agreements increasingly are being deemed enforceable, and UCITA stands ready to lend further support to that movement.
Software agreements that appear on the packaging containing the installation CD or diskettes are called shrinkwrap agreements; software agreements that appear on screen prior to downloading software from the internet or prior to installation of the software are called clickwrap agreements.