Vermont Vendor-Oriented Shrink-Wrap Software License Agreement
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FAQ
wrap agreement is a nonnegotiable, preprinted agreement that is wrapped in cellophane and included in a box that contains a software program.
Shrink wrap is a plastic film that holds things together and protects them from dust and weathering. You can wrap it around just about anything?whether it's one thing or a bunch of things?and then heat the film to create a tight-fitting, self-sealed package.
Clickwrap agreements got their name from ?shrink-wrap agreements?, agreements that were typically printed on the packaging of software or products that were visible through the cellophane shrink-wrap, which noted that by breaking the shrink-wrap you were officially bound to those terms.
In a shrink-wrap agreement, the contract terms are not read until the buyer un-wraps the software; but in click-wrap agreement the consumer knows the contractual terms before he/she commits herself to buy goods or services.
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.
"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).
