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clickwrap
(redirected from Clickwrap contract)

   Also found in: Dictionary/thesaurus, Wikipedia 0.01 sec.
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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When the possibility for a subsequent clickwrap contract is present, counsel, contract officers, and purchasing officials must all be aware of the impact their contract formation, specifically their contract provisions, may have on the enforceability of the clickwrap agreement.
To some extent, these strands of continuity follow naturally from my earlier discussion of clickwrap contracts and encryption technology: If enforcement of copyright law through these "new" legal and technological instruments ultimately rests on positive law or social norms, digital copyright faces the same problems of limited resources for enforcement and shallowly rooted copyright norms that have beset its analog predecessors.
 
 
 
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