Click-Wrap Software License Agreement
Definition and meaning
A Click-Wrap Software License Agreement is a legally binding contract that grants users the right to use specific software under defined conditions. This type of agreement is commonly utilized when software is offered online. Users typically indicate their acceptance of the terms by clicking an 'Accept' button during the installation or download process.
Who should use this form
This form is ideal for software developers and companies that distribute software online. It is particularly useful for those who wish to establish clear legal boundaries regarding the use and distribution of their software. The form also benefits end users, as it outlines their rights and responsibilities connected to the software usage.
Legal use and context
A Click-Wrap Software License Agreement is crucial for establishing the legal context in which software can be used. It ensures that users understand the limitations and obligations associated with the software. This agreement protects the intellectual property of the software provider while providing users with the rights they need to operate the software within legal parameters.
Key components of the form
This form typically includes the following key components:
- License Grant: Outlines the rights granted to the user.
- Restrictions: Details what users cannot do with the software, such as copying or modifying it.
- Intellectual Property Rights: Clarifies ownership of the software.
- Termination Clause: Specifies conditions under which the agreement can be terminated.
Common mistakes to avoid when using this form
Users should be cautious of several common pitfalls, such as:
- Not reading the terms thoroughly before accepting.
- Overlooking the implications of the restrictions on usage.
- Failing to keep a copy of the agreement for personal records.
Benefits of using this form online
The online use of a Click-Wrap Software License Agreement offers numerous advantages:
- Efficiency: Users can quickly accept terms while downloading software.
- Clarity: Clear terms help prevent disputes over software usage.
- Accessibility: This form can be easily modified to suit different software products.
Form popularity
FAQ
Be 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.
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
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.
Clickwrap is becoming more commonly known as a legally secure and easy way of creating binding agreements with your users online.
In contract law unequal bargaining power (contracts of adhesion) is frowned upon. However, even with the lack of bargaining power eCommerce TOS are typically enforceable if they clearly list the requirements for use of the site, and avoid demanding the user to give up too much in order to use the site.