Case on Shrink wraps Agreement:-
Pro CD vs Zeidenberg 980 F Spp. 640 (W. D Wis 1996)
In this case it was held that a shrink wrap agreement violates a basic notion of contract law that both parties have to know what they are agreeing to. This decision was overturned on its appeal to the U.S 7th circuit court of appeals (86 F. 3rd 1447) 1996.
According to the 7th circuit shrink wrap licenses to be enforceable because they have the beneficial effect of reducing the cost of software for consumers.
The court of Appeals decision also upheld the validity of the shrink wrap license in the question the Pro CD Case, because the license allowed the purchaser to return the software if the terms and conditions of license were un acceptable.
Indian court however emphasizes reasonable notice of the terms of the contract for the terms to be binding.
Case on Click Wrap Agreement:-
In the case of Caspi vs The Microsoft network L.L.C Supreme Court of New Jersey Appellate Division 1999 N.J. Super Lexis 254 (July 2 1998).
Validity of click wrap license was examined.
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