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.
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These license agreements have historically taken one of several forms: shrinkwrap, browsewrap, and clickwrap licenses.
So far, all virtual world EULAs have been in the form of clickwrap licenses.
Since both avenues to preemption remain, the question becomes whether both, one, or neither is the appropriate vehicle for preemption of state contract law, or more specifically, for the preemption of shrinkwrap and clickwrap licenses.
In light of the foregoing, shrinkwrap and clickwrap licenses should not be considered preempted under section 301 of the Copyright Act.