Has Zeidenberg violated the terms of the Shrink Wrap licensing agreement, which explicitly states that copying software and data (phone lists) can only be done for individual or personal use and that the dissemination, sublicensing or rental of software or data is prohibited? The court again said no. Copying the data was clearly prohibited by the licensing agreement. But the court refused to enforce the agreement. The Tribunal found that the terms of the Select Phone zeidenberg licence agreement or another purchaser had not been presented at the time of the sale. The only reference to the agreement was a small print statement at the end of the package that users were subject to the terms of the attached license agreement. Zeidenberg was not given the opportunity to review or review the terms of the licence. The court did not find that the mere reference to the conditions at the time of the initial formation of the contract – which handed over the overpayment to the cashier`s counter – offered Zeidenberg a reasonable opportunity to decide whether the conditions of licence were acceptable or not. At the time of the creation of the original contract, Zeidenberg should have had the opportunity to read the terms as a whole and to consider what the Tribunal found was the time the retail transaction was completed. In accordance with Section 2-209 of the Uniform Commercial Code, the court found that the terms of the license agreement included in the Select Phone package represented additional conditions that Zeidenberg did not accept, nor the possibility of consenting after the initial agreement – payment at the check-out counter in exchange for a copy of the software.
In addition, the court found that, even if the agreement were applicable, copyright would prejudge the provision of the agreement prohibiting the copying of unprotected telephone lists. Although only China appears to refuse to directly implement click-wrap agreements, other countries may also complicate implementation due to a combination of factors, including local language requirements and changes in consumer protection legislation. In particular, the European Union Directive on Remote Consumers gives the right to revoke electronic agreements without reason within seven days of the buyer receiving written confirmation of these agreements. Even after a product has been downloaded and installed and a click wrap agreement has been accepted, the user should be able to verify the terms of the Click Wrap agreement if they choose to. These conditions can be defined in the “about the product” field, behind the help menu, or in another important location. While conditions can be provided online on the supplier`s website, the supplier of a product that may not always be used online should consider these terms and conditions in electronic documentation of product media. This ensures that the user always has access to these terms and conditions. In Caspi v.
Microsoft Network2, complaining party, among others, breach of contracts and fraud for Microsoft “Rolling over” member of MSN in more expensive plans. The New Jersey Appeal Division upheld the Superior Court of New Jersey`s decision that the forum selection clause in The Microsoft Network subscription agreements was applicable and valid. However, click-wrap agreements may be another matter. Click-Wrap licenses can be applied more easily in most of the countries mentioned above, as the policyholder can check the terms and conditions before agreeing and answering in the affirmative.