Clickwrap Agreements are Legally Enforceable

At LicenseFortress, we have worked closely with Beeman and Muchmore for the past few years. The combination of deep technical, licensing, and legal knowledge makes it a winning combination. We have talked, at great lengths, many a time about the danger of clickwrap agreements. The fact that clickwrap agreements are legally enforceable. Yet often, when company employees upgrade or install new software, they agree to the terms. They needed to understand what they agreed to. Quoting the blog by Beeman and Muchmore concerning a clickwrap agreement and the court’s response

“The pages are not confusing, they are not hidden, and the Agreement is easily available. River Supply’s agent may not have read the contract terms, but River Supply is bound by them”.

Vendors like Oracle and Microsoft are credible vendors using these clickwrap agreements to protect their interests. In the hands of a Software Licensing Troll (Akin to a Patent Troll on steroids), a term LicenseFortress and Beeman and Muchmore coined for a class of software vendors, clickwrap agreements are very dangerous. This blog shows the court affirming that that clickwrap agreement that no one reads is upholdable in a court of law. Its why at LicenseFortress, we encourage our customers to let us review all legal agreements which is included as part of the service, so there are no surprises.

Please read the blog.

*** All Posts are Mine and Not those of my Employer***

Dr. Michael Corey

LicenseFortress – Real Time Oracle License Compliance Alerting and Management with a Financial Guarantee. Now helping Microsoft, VMWare, IBM and others

My Personal Twitter Account: Michael_Corey

Columnist for the Big Data Quarterly. <Click Here to Subscribe Big Data Quarterly>

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