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The issue of the validity of Clickwrap License

  C. The characters of UCITA relate to clickwrap licenses
 UCITA has two remarkable characters compare with the traditional contract theory. One is that it emphasis common law rule of opportunity to review in determining the enforceability of clickwrap agreements. The seller has the duty to put the consumer on notice of the standard terms of the license, give the consumer an opportunity to review the terms, so that ensure the consumer assent in clickwrap license. The other is that it extended the range of mutual assent. In traditional contract theory, mutual assent reflected in the process of negotiating and signing the contract. But UCITA provides the enforceability of a term even if the person has no opportunity to review it after beginning performance. § 59.1-502.8. (2).
  D. The enforceability of clickwrap licenses under UCITA
 The UCITA codifies the enforceability of clickwrap licenses. However, the statute places restrictions on the enforceability of such licenses. The UCITA states that shrinkwrap licenses are unenforceable unless: (1) the licensee "had reason to know that more terms would be coming;" (2) the licensee is "given a right to return the product if
     like the terms;" (3) the "right of return is cost-free
     ];" and (4) the licensee is reimbursed any reasonable costs of its system, if the system is altered when she tried to read the license terms.
 
 IV.Review the existing case law that addresses software licensing issues
 A.ProCD Inc. v. Zeidenberg
  The most famous case in this issue is ProCD Inc. v. Zeidenberg .Defendant Zeidenberg purchased a software database of telephone listings, but broke the terms of the license agreement. Zeidenberg argued that he could not, by law, have agreed to all the contract terms. The outer packaging displayed only part of the contract, and at the time that he purchased the software he had not seen, much less agreed to, the additional terms which appeared on his computer screen once he began to install the software for use.


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