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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90) See Terenzi, supra note 15, at 1079 (stating that a user assents to a clickwrap agreement by clicking the link that says "I agree").
Concernant le Click-Wrap, voir aussi Jallali, supra note 181 a la p 1174 : "The primary focus when deciding whether a clickwrap agreement is enforceable is whether the party clicking it had reasonable notice of and manifested assent to the agreement >>.
Similar to those of a clickwrap agreement, the terms of an e-commerce agreement are often not presented to the website user; the user must actively follow a link to read the agreement.
This has been the same result found by Canadian courts looking at the enforceability of forum selection clauses in clickwrap agreements in cases such as Rudder v.
1996) (discussing jurisdiction over defendant who entered into a clickwrap agreement with CompuServe via Internet).
Tompkins, 2014 WL 2903752, at *6 (Stating that "the [terms of service ("TOS")] resemble clickwrap agreements, where an offeree receives an opportunity to review terms and conditions and must affirmatively indicate assent .
Clickwrap agreements are the checkboxes we all tick off (but rarely ever read) when installing new software.
Part II discusses briefly the enforceability of shrinkwrap and clickwrap agreements, particularly in light of UCITA.
They read the relevant sections to require electronic standard forms to be presented as clickwrap agreements.
Other courts have used ProCD to uphold the validity of shrinkwrap, browsewrap, and clickwrap agreements.