Oklahoma Click-Wrap Software License Agreement

State:
Multi-State
Control #:
US-13015BG
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Word; 
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Description

Clickwrap is an online agreement between a user and a company that requires the user to click a box or a button before they download content, make a purchase, or use a website.

Oklahoma Click-Wrap Software License Agreement is a legally binding contract between a software developer or licensor and a user or licensee in the state of Oklahoma. This agreement governs the terms and conditions under which the user is allowed to use the software. The Oklahoma Click-Wrap Software License Agreement is a type of software license agreement that is commonly used in the state of Oklahoma. It is a digital contract that requires the user to "click" a button or check a box to indicate their acceptance of the terms and conditions of the license agreement before they can proceed to use the software. By clicking or checking the acceptance box, the user indicates their agreement to be bound by the terms of the license. There are several types of Oklahoma Click-Wrap Software License Agreements that can be tailored to different software products and situations: 1. Standard Click-Wrap License Agreement: This is the most common type of software license agreement used in Oklahoma. It includes terms and conditions such as the scope of the license, limitations on use, intellectual property rights, warranties, disclaimers, and limitations of liability. 2. EULA (End User License Agreement): This type of agreement is specifically designed for software that is intended to be used by end-users. It contains provisions regarding the installation, use, and termination of the software license. 3. OEM (Original Equipment Manufacturer) License: This type of license agreement is used when software is pre-installed on hardware devices and sold by manufacturers. It covers the rights and obligations of the manufacturer, distributor, and end-user. 4. SaaS (Software as a Service) Agreement: This agreement is applicable to cloud-based software services where the user accesses the software via the internet. It outlines the terms of service, pricing, data protection, and intellectual property rights. 5. Open-Source Software License Agreement: This agreement is used for open-source software, which is distributed with its source code and allows users to modify and distribute it freely under certain conditions. In conclusion, the Oklahoma Click-Wrap Software License Agreement is a crucial legal contract that outlines the terms and conditions for using software in the state. It protects the rights of both the software developer and the user, promoting a fair and mutually beneficial relationship.

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FAQ

What are clickwrap contracts? A clickwrap contract is a popular type of a digital contract. It is an agreement which is between a user and a company. A user must click a box or button before they download content, make a purchase, or use a website.

In the defining statement of the opinion, the court held that, "shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." The court concluded that no contract was formed by the parties until the buyer "accepted" the seller's terms by electing to keep the

Is clickwrap legally enforceable? Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.

The click wrap agreements are valid and enforceable contracts as far as offer and acceptance is concerned.

Clickwrap Best PracticesBe conspicuous.Present agreements in simple, easy-to-understand language.Provide ample opportunity to read the agreements.Make it clear that acceptance is mandatory.Do not use pre-tick checkboxes.Keep good records.Renew agreements and contracts at every new transaction.More items...?

Click enables you to capture consent to agreement termslike terms of service and privacy policieswith a single click of a checkbox or button. You can display the clickwrap in a seamless, embedded experience on your websites and apps or send it directly to your end users via a URL.

Therefore Clickwrap Contracts cannot be said to be 'electronically signed' in the Indian context. But so far no Supreme Court ruling has held that Clickwrap Contracts are not valid in India.

The short answer is yes. Courts across the United States have confirmed that clicking on a checkbox is akin to a signature on a written contract. Essentially, by clicking I agree or I accept, the consumer provides the mutual assent required to form a legally binding agreement.

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.

As with binding contracts, a failure to read a clickwrap provision for instance, scrolling through the terms and conditions and clicking the I agree button at the bottom will not excuse compliance or enforceability (except for fraud).

More info

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Oklahoma Click-Wrap Software License Agreement