Idaho Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

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Multi-State
Control #:
US-DB0806BAM
Format:
Word; 
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Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.
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FAQ

wrap agreement is a nonnegotiable, preprinted agreement that is wrapped in cellophane and included in a box that contains a software program.

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.

"Shrinkwrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general (for example, if they violate a rule of positive law, or if they are un- conscionable).

wrap agreement is an agreement whose terms are expressed inside a package that contains computer hardware or software. The terms usually focus on warranties, remedies, or other issues related to the product's use. Shrinkwrap agreements have not always been enforced.

Explanation: The statement is true. Terms in a shrink-wrap agreement have been enforced in the same way as the terms of other contracts. A shrink-wrap agreement is a contract that is included inside or with a product and is only visible after removing the plastic shrink-wrap or opening the product's packaging.

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Idaho Guidelines for Drafting Shrink Wrap and Click Wrap Agreements