Louisiana Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

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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

A common click wrap agreement example is software licensing. In this case, a user must agree to the terms and conditions before downloading software. Other examples include registering a social media account, NDA agreements, cookie policies, data processing agreements, and Statements of Work (SOWs).

Unlike the shrink wrap agreements where the terms of the agreement are hidden inside the box, in case of click wrap agreements, all the terms and conditions are accessible prior to acceptance, either in the same window or through a hyperlink.

Most clickwrap agreements require the end-user to indicate their assent by clicking an "ok" or "agree" button on a dialog box or pop-up window. A user indicates rejection by clicking cancel or closing the window.

Here are 6 components of an enforceable clickwrap agreement: Users must give active affirmative consent. ... Give reasonable and prominent notice of your Terms of Service. ... Clickwrap agreements should be digestible to the average person. ... Do not exploit unequal bargaining power.

An example of browsewrap where the terms are clickable: "By browsing this website, you acknowledge and agree that your access to information on these pages constitutes acceptance." This paragraph has links for various items such as "Privacy Policy" or "Terms".

In the legal world, a click wrap agreement is more legally binding than a shrink wrap agreement. This is because a click wrap agreement requires the user to affirmatively agree to the terms and conditions of the agreement, while a shrink wrap agreement typically requires no action on the part of the user.

Related Content. Also known as a clickthrough agreement and clickwrap license. A form of agreement used for software licensing, websites, and other electronic media. It requires the user to agree to terms and conditions before using a website or completing an installation or online purchase process.

A common click wrap agreement example is software licensing. In this case, a user must agree to the terms and conditions before downloading software. Other examples include registering a social media account, NDA agreements, cookie policies, data processing agreements, and Statements of Work (SOWs).

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Louisiana Guidelines for Drafting Shrink Wrap and Click Wrap Agreements