The Act Of Downloading Software Without Any Acceptance Of A Click-wrap Contract Creates An Unenforceable Contract

The mere act of downloading software that does not have click-wrap contract indicating an express assent and acceptance to the terms of a contract does not conclude a meeting of the minds. The provisions of this contract are not enforceable against the user.

The following questions have been addressed in this article:

What is a click-wrap contract?
What are the facts of this case?
What is the “meeting of the minds” under Contract Law?
What did the court ultimately determine?
What is the effect of this ruling in the world of electronic commerce?


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