RE: Consideration in a Shrinkwrap Contract

I wonder what would happen if you attempted to return the software to the original manufacturer (that is, the licensor itself) rather than to the store where you bought it.

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
 http://www.grahamdunn.com  

        Big law firm experience
> without the big law firm experience®

-----Original Message-----
From: Bruce E. Hayden [mailto:bhayden[_at_]ieee.org] Sent: Friday, October 20, 2000 5:48 PM
To: Multiple recipients of list
Subject: Re: Consideration in a Shrinkwrap Contract

"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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as long as the copying is not for commercial gain.
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com


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