Pennsylvania Individual or Network Use Shrink-Wrap License Agreement

State:
Multi-State
Control #:
US-CP0738-AM
Format:
Word; 
Rich Text
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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.

A Pennsylvania Individual or Network Use Shrink-Wrap License Agreement is a legally binding contract that outlines the terms and conditions under which an individual or network can use a software product. This agreement is commonly referred to as a "shrink-wrap" license because it is often found inside the packaging of software products and is considered accepted if the user opens the packaging. This type of license agreement is specific to Pennsylvania and is designed to protect the software developer's rights while granting permission to the end-users. It is important for both parties to understand the terms and conditions laid out in the agreement before using the software. Some key elements commonly found in a Pennsylvania Individual or Network Use Shrink-Wrap License Agreement include: 1. Grant of License: This section specifies the scope of the license and details whether it is granted to an individual or a network. It outlines the specific software that is being licensed and any limitations on its usage. 2. Permitted Use: This section describes how the software can be used. It may specify the number of installations or network connections allowed, any restrictions on copying or modifying the software, and whether it can be used for commercial purposes. 3. Intellectual Property Rights: This section clarifies that the software developer retains all intellectual property rights, including copyrights, trademarks, and patents. It states that the user does not acquire any ownership rights and must not infringe upon the developer's intellectual property. 4. Limitations of Liability: This section outlines any limitations on the software developer's liability for damages resulting from the use of the software. It may include disclaimers for certain types of damages or limitations on the total amount of liability. 5. Termination: This section specifies the conditions under which the license agreement can be terminated, such as non-compliance with the agreement terms or breach of intellectual property rights. It may also outline the consequences of termination, such as the cessation of software usage or potential legal actions. Different types of Pennsylvania Individual or Network Use Shrink-Wrap License Agreements may exist depending on the specific software or software developer. These agreements can vary in complexity and may have additional clauses or provisions tailored to the software industry or specific user requirements. Some variations may include specific clauses for enterprise-level network licenses, educational licenses, or trial/demo licenses. To ensure compliance with Pennsylvania laws and protect both parties involved, it is advisable to consult with legal professionals when drafting or entering into a Pennsylvania Individual or Network Use Shrink-Wrap License Agreement. Reading and understanding the agreement thoroughly before accepting it is crucial to avoid any potential legal issues or disputes.

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FAQ

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.

A clickwrap agreement, also known as a click through, shrink-wrap, or sign-in-wrap, is an online agreement in which the user signifies his or her acceptance by clicking a button or checking a box that states ?I agree.? The purpose of a clickwrap agreement is to digitally capture acceptance of a contract.

Shrinkwrap contracts or shrinkwrap licenses are boilerplate contracts packaged with products; use of the product is deemed acceptance of the contract. Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.

Clickwrap requires users to provide affirmative assent to an agreement by clicking a button or checking a box. Browsewrap doesn't require signers to do anything. In short, browsewrap doesn't require affirmative assent and instead relies on assumed or implied consent.

The user agrees to the license when they tear open the plastic wrap or the software. Most courts have found these agreements to be enforceable unless their terms are unconscionable or violate a generally accepted principle of contract law.

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.

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.

Clickwrap agreements are a type of electronic signature that involves a user clicking a simple button to accept the agreement. This allows organizations to gain legal consent in seconds, making for an easier and faster user experience.

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This sample form, a detailed Shrink Wrap End User License Agreement document, is for use in the computer, internet and/or software industries. Review the form by looking through the description and using the Preview feature. Click Buy Now if it is the template you need. Generate your account and pay ...by DR Collins · 2009 · Cited by 18 — Part III explores terms common to shrinkwrap and clickwrap agreements, pointing out a few of the more egregious terms employed by software developers to later ... Complete redacting the form. Save the updated document on your device, export it to the cloud, print it right from the editor, or share it with all the people ... Complete all parts of this form. Sign the Affidavit and have the form notarized. Submit a non-refundable application fee in the amount of $200. Aug 8, 2000 — One federal appeals court implicitly upheld the validity of a click-wrap agreement by finding that a subscriber to a network service was subject ... Carefully read the following legal agreement regarding your use of the enclosed. Brand "X" product. By the act of opening the sealed package, using the software ... Apr 25, 2022 — 1996), the license agreement at issue is a browse wrap license. A shrinkwrap license appears on the screen when the CD or diskette is ... Jun 29, 2016 — Browse-wrap agreements cover the access to or use of materials available on a website or downloadable product. Only if the person agrees to the ... Feb 17, 2023 — Ensure all applicable software license agreements have been identified, reviewed, and approved (including but not limited to any clickthrough or ...

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Pennsylvania Individual or Network Use Shrink-Wrap License Agreement