Distinguish between the following: Click Wrap Agreements and Shrink Wrap Agreements.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2019
Distinguish between the following: Click Wrap Agreements and Shrink Wrap Agreements.
Answer & Explanation:
Click Wrap Agreements Click Wrap Agreements are the agreements which we generally come across while surfing internet such as "I AGREE" to the terms or "I DISAGREE" to the above conditions. A click-wrap agreement is mostly found as part of the installation process of software packages. It is also called a "click through" agreement or click-wrap license. Click-wrap agreements can be of the following types: Type and Click where the user must type "I accept" or other specified words in an on-screen box and then click a "Submit" or similar button. This displays acceptance of the terms of the contract. A user cannot proceed to download or view the target information without following these steps. Icon Clicking where the user must click on an "OK" or "I agree" button on a dialog box or pop-up window. A user indicates rejection by clicking "Cancel" or closing the window. Upon rejection, the user can no longer use or purchase the product or service. A click wrap contract is a "take-it-or-leave-it" type of contract that lacks bargaining power. Shrink Wrap Agreements Shrink Wrap Agreements are license agreements or other terms and conditions which can only be read and accepted by the consumer after opening the product like CD ROM of software. The terms and conditions are printed on the cover of CD ROM. Sometimes additional terms are imposed when in such licenses appear on the screen at the time of downloading the CD on the computers. The user has right to return if the new terms and conditions are not to his liking.
Topics: Information Technology Law
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