clickwrap

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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.
References in periodicals archive ?
As discussed in Part II, however, this is a difficult avenue for any user to pursue, because courts have generally held both browsewrap and clickwrap contracts to be enforceable.
58) Lemley, supra note 55, at 466 (stating that the formalities of clickwrap contracts stretch the traditional notions of a bargained-for exchange with a manifestation of assent since "they substitute a blanket, take-it-or-leave-it assent for the classical notion that the parties actually thought about and agreed to the terms of the deal").