David Canton is a business lawyer and trade-mark agent with a practice focusing on technology issues and technology companies.



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December 21, 2004

Shrinkwrap License Conundrum Resolved

David Canton @ 7:45 am

Most software comes with a license that is either shrinkwrap – or more commonly now – clickwrap. After you buy the software, you are presented with the license either after opening the package, or when installing it. The license says that if you install it, you are bound by it. If you don’t like the license, you are instructed to return it for a refund.

The wrinkle is that most stores do not allow returns of opened software.

The vast majority of people just accept the terms of the license – probably without reading it. Some however would rather not have the software in light of license provisions they find annoying.

A settlement was reached a few months ago in a class action lawsuit in California that should now be changing this practice.

In the settlement, certain software companies agreed to post their licenses on their web sites with links on their packaging so you can read the license before buying.

Certain retailers agreed to provide the licenses to customers on request before buying.

Read a summary on Ed Foster’s Gripe Log

Read the documents on the plaintiff lawyer’s site

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