Click Wrap License Lawyers

Locate a Local Business Lawyer

Find Lawyers in Other Categories
Most Common Business Law Issues:

What is a Click Wrap License?

"Click wrap" is a term that evolved from "shrink wrap agreement", which is the purchase agreement that is bound with the product by plastic wrap, and the agreement is made when the consumer opens the shrink wrap. So that in a click wrap agreement, the user typically is faced with a dialog box or pop up web page with the words, "I Agree" at the very beginning before using the product or service. This is also called an End User License Agreement or EULA.

EULAs accompany most software for sale that are either delivered in shrink wrap or sold over the internet. EULAs act as a software license as well as a contract between the producer and user to specify the limits of use granted by the owner to the user.

What Do EULAs Cover?

EULAs can include any of the following terms:

Are Click Wrap Agreement Enforceable?

Based on current law, click wrap agreements or EULAs are binding if the user:

Usually, retailers do not allow opened software to be returned for a refund, citing copyright issues. However, many companies are now accepting returns of opened software, and EULAs are provided on websites for consumers to read before committing to purchase software.

Breach of a Click Wrap Contract

Because of the nature of the internet, business has expanded globally. Therefore, it is likely that products and services are being traded on an international scale. In the event that a contract dispute arises, the agreement's terms come into play and can effect the consumer's rights.

When reading the click wrap license agreement, take note of the remedies for breach of contract since the law that will apply may be determined on a country by country basis. In the event a claim arises, an attorney can advise you of your rights and the best course of action to pursue any possible remedies.

Consult a Lawyer - Present Your Case Now!
Last Modified: 12-13-2012 12:14 PM PST

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark