Sample shrink wrap license agreement
You agree that you shall not copy or duplicate or permit anyone else to copy or duplicate any part of the Software, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Agreement. This Agreement is not an amendment to any such Software License Agreement but is a separate binding agreement that incorporates terms of any such Software License Agreement relating to license and ownership rights, use limitations, limitation of liability, and confidentiality and non- disclosure obligations.
Sublicense Agreements Licensee shall grant sublicenses pursuant to written agreements, which will be subject and subordinate to the terms and conditions of this Agreement.
Such Sublicense agreements will contain, among other things, the following:. Third Party License Pursuant to 15 U. Order Fulfiller shall make the these terms and conditions available to all Customers at all times.
Software License Subject to the terms of this Agreement, Viasat grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display the software provided by or on behalf of Viasat including any updates only for the purpose of accessing the Service "Software" on any computer s on which you are the primary user or which you are authorized to use. Our Privacy Policies provide important information about the Software applications we utilize.
As this type of consumer agreement evolved from the physical to digital world it went from being called a shrink wrap agreement to a click wrap agreement and is now typically called an end user license agreement.
The enforceability of shrink wrap agreements is a topic of some controversy. This is particularly true when we are talking about agreements that have to be opened before they can be seen but are binding as soon as they are opened.
If a consumer cannot read the terms of an agreement, how can they possibly agree to it? There are two opposing sides on the issue. On one hand, the argument goes something like this: some court rulings say that a consumer consents to the terms in a shrink wrap agreement by the act of paying for product, accepting the product, and opening the package. On the other side, courts say that the consumer could not possibly have consented to the terms of the agreement because they cannot view the terms until the shrink wrap is removed.
Although there is no set standard for what products come with a shrink wrap license, there are some common elements found in most products that have a shrink wrap contract. Shrink wrap agreements are touched, literally or digitally, by nearly every modern consumer. Their use brings up issues of consent and transparency that continue to confuse purchasers and courtrooms.
Knowing a bit more about them may have you at least scanning the fine print before you download your next software purchase.
You must be logged in to post a comment. Description Description In the Explanatory Note to Contract 1 it was stated that ideally the end-user of software should receive, sign and return the Software Licence prior to receipt of the software. Contact Us. Start typing and press Enter to search.
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