Re: Consideration in a Shrinkwrap Contract

From: Bruce E. Hayden <bhayden[_at_]ieee.org>
Date: Fri, 20 Oct 2000 17:47:46 -0700


"Cumbow, Robert" wrote:
>
> 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.

I have always found this to be one of the more interesting aspects of the shrink-wrap argument - that even though the shrink-wrap invariably tells you that if you don't accept the terms that you can return the software for a refund, that in fact you pretty wall cannot.

-- 
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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2000 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com
Received on Sat Oct 21 2000 - 00:50:44 GMT

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