Enforceability of shrinkwrap licenses (RE: OUP CD-ROM license)

["Rick Anderson" <rickand@unr.edu>]

I'm pretty sure that in all but the two UCITA states (VA and MD),
shrinkwrap licenses are unenforceable.  As "contracts of adhesion," they
don't meet the standard tests -- notably mutuality and negotiability --
that are brought to bear when establishing the validity of a contract.  
So while you'd probably do best to check with counsel at your institution,
I think there's good reason to believe that you can simply ignore the
terms of shrinkwrap licenses.

-------------
Rick Anderson
Electronic Resources/Serials Coordinator
The University Libraries
University of Nevada, Reno
1664 No. Virginia St.
Reno, NV  89557
PH  (775) 784-6500 x273
FX  (775) 784-1328
rickand@unr.edu

> -----Original Message-----
> From: owner-liblicense-l@lists.yale.edu
> [mailto:owner-liblicense-l@lists.yale.edu]On Behalf Of
> kartanand@123india.com
> Sent: Wednesday, February 07, 2001 10:22 PM
> To: liblicense-l@lists.yale.edu
> Subject: Re: OUP CD-ROM license
>
> what u seem to want to know is a classic case of a shrinkwrap license
> agreement--it is immaterial whether u sign the agreement or not--if u have
> taken off the plastic cover then u are bound by the terms of the license
> agreement--regarding the issue of circulating it--please see on the
> license agreement, there will probably be a clause for multiple licenses
> so that the same CD can be installed on more than 1 computer/terminal
> regards
>
> kartike
>
> __________________