RE: Consideration in a Shrinkwrap Contract

I'm not sure, not claiming to be an expert in such matters. But it seems to me if the money-back option is unavailable then the customer has lost the ability to accept or decline the terms, thus providing him with a pretty good argument that the terms are unenforceable. I'd be interested in others' opinions, though.

Robert C. Cumbow
 Graham & Dunn PC
 1420 Fifth Avenue, 33rd Floor
 Seattle, WA 98101-2390
 206.340.9619
 206.340.9599 fax
 rcumbow[_at_]grahamdunn.com
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        Big law firm experience
> without the big law firm experience®

-----Original Message-----
From: Eric Eldred [mailto:eldred[_at_]eldritchpress.org] Sent: Tuesday, October 17, 2000 10:09 AM To: Multiple recipients of list
Subject: Re: Consideration in a Shrinkwrap Contract

On Fri, Oct 13, 2000 at 04:28:59PM -0700, Cumbow, Robert wrote:
> I believe that, in such situations, the "manifestation of acceptance" is
> proceeding to install the software after clicking "OK" on the license
> provisions. From that viewpoint, the customer does indeed have the
> opportunity to view (if not the obligation to actually read) the license
> terms before manifesting acceptance. He can always click no, abort the
> install process, eject the disk, put it back in the box and return it to
the
> store. Careful consumers do this all the time, right?

Well, if you buy a book containing a CD-ROM, then do as you say, refuse the contract (license), put it back in the box and return it to the store, as a "careful consumer," what happens? You don't get your money back. You can return a book without a CD, but if you have opened the CD-ROM envelope you can't return it for a refund.

Does this make the contract (license) invalid?

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