Category: Allgemein

Limited Use License Agreement

Click-Wrap Licensing Agreements cover the formation of website-based contracts (see iLan Systems, Inc. v. Netscout Service Level Corp.). A common example occurs when a user has to accept a website`s licensing terms by clicking „Yes“ in a pop-up to access the website`s features. This is therefore an analogy with retractable wrap licenses, for which a buyer implicitly accepts licensing conditions by first removing the retractable film from the software and then using the software itself. For both types of analysis, the focus is on the actions of the end user and asks whether the additional licensing conditions are explicitly or implicitly accepted. Whether Shrink-Wrap licences are legally binding differs between legal systems, although the majority of jurisdictions have these licences to be enforceable. In particular, this is the disagreement between two U.S. courts in the Klocek/. Bridge and Brower v. Gateway.

In both cases, it was a reduced licensing document provided by the online provider of a computer system. The conditions of the shrinking licence were not provided at the time of purchase, but were included in the product delivered as a printed document. The license required the customer to return the product within a limited time frame if the licence was not agreed. In Brower, the New York State Court of Appeals ruled that the terms of the reduced licence document were applicable because the customer`s consent is evident by not returning the goods within 30 days of the document. The U.S. District Court of Kansas in Klocek decided that the sales contract had been entered into at the time of the transaction, and the additional delivery terms contained in a document similar to Brower`s were not a contract, since the customer never accepted them when the sale contract was entered into. Some licenses[5] claim to prohibit users from disclosing data on the performance of the software, but this has yet to be challenged in court. End-user licensing agreements were also criticized for containing conditions that impose incriminating obligations on consumers. For example, Clickwrapped, a service that evaluates consumer companies based on respect for users` rights, indicates that they increasingly contain a term that prevents a user from suing the company.

[21] The term narrowing wrap license commonly refers to any software licensing agreement that is included in software and is not accessible to the customer until after purchase.