Perhaps "drafted in such a manner that 99.9% of the people who buy software in a store will find tolerable" is more accurate. In drafting a license (and most contracts), the attorney generally considers (1) the relative bargaining positions of the parties; and (2) how likely the party that's not the client is to object to the terms imposed. In the case of off the shelf software, (1) the individual consumer has virtually zero bargaining power with regard to the terms of the agreement, and (2) he isn't likely to read through the whole license before clicking "I accept" anyway."
Kevin Grierson
>>> jnoble[_at_]dgsys.com 09/20/00 02:27PM >>>
You walk out with a computer program which can be installed on your
computer and used, subject to the terms and conditions of the enclosed
license, which has been drafted to satisfy the needs of 99.9% of the people
who buy software in a store.
John Noble
Received on Wed Sep 27 2000 - 12:34:08 GMT
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