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.
Collins, Shrinkwrap, Clickwrap
, and Other Software License Agreements: Litigating a Digital Pig in a Poke in West Virginia, 111 W.
First, we recognized that software vendors license their products in a variety of ways--from negotiated, signed agreements to standard forms presented as shrinkwrap, clickwrap
or browsewrap agreements.
At one level it might be argued that this case states the obvious--if you want to hold someone to a clickwrap
signature, you must be able to prove who clicked," Smedinghoff says.
So far, all virtual world EULAs have been in the form of clickwrap
More importantly, in the Google case, as in other clickwrap
cases, the courts apply traditional contract law principles to determine when an agreement has been made.
transactions, sellers have increasingly begun utilizing clickwrap
agreements, whereby standard terms and conditions are displayed on the
NA Western-Southern Life NA Zurich Life 2001 * Point of Sale ** Not Available Source: Companies, Celent Communications analysis Overview of E-Signature Technologies Technology Description Clickwrap
The familiar "I Accept" button, commonly used in retail e-commerce to confirm an online purchase or agreement to a contract.
licenses involve clicking on an "I agree" button that binds the consumer to form contract provisions before they can begin using software or accessing a website.
accepted the clickwrap
license agreement when it clicked on the box
Ross, Contracts Drafting Stronger Clickwrap
Agreements, THE INTERNET NEWSL.
contract is one in which a computer user