Texas Individual or Network Use Shrink-Wrap License Agreement

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

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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  • Preview Individual or Network Use Shrink-Wrap License Agreement
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FAQ

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.

A clickwrap (also known as click-accept, click-to-sign, or clickthrough) agreement is an online agreement that users agree to by clicking a button or checking a box that says ?I agree.? The act of signing via an electronic signature is replaced with the act of clicking.

"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).

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.

Shrink Wrap Code Attacks are attacks where an attacker tries to run default code in the victim's software. This default code (from off-the-shelf libraries and code) is often REM'd or placed in a comment line.

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.

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.

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.

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.

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.

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Texas Individual or Network Use Shrink-Wrap License Agreement