une recente declinaison evoque le Click-Wrap
modifie, aussi qualifie de
Many online services are offered via click-wrap
agreements that are "take it or leave it.
Maximizing the Enforceability of Click-Wrap
Agreements", Journal of Technology Law 4.
End user license agreements typically include the following clauses: Warranty, Transfer Rights, Third Party Software, Click-Wrap
Licenses, Audit Rights, Automatic Renewals, Termination Rights, Governing Law, Order of Precedence, Installation Restrictions, Virtualization and Maintenance/Assurance.
A common misconception that seems to exist is that we have departed from traditional contract law and required that all on-line agreements be characterized by a click-wrap
license requiring assent at the end.
A decision could affect consumer rights in all varieties of shrink-wrap, click-wrap
, and similar licenses.
It has since become part of its indemnity products such as renters insurance and a central part of Nationwide Financial Services' funds transfer process through click-wrap
This second edition contains new chapters on the negotiation process, licensing software, and boilerplates, plus expanded material on grant of license, escrow agreements, and shrink-wrap and click-wrap
Agreements- Enforceable contracta or wasted words?
Sign-it extends the digital signature architecture within the Adobe PDF format to enable the use of multi-modal signature technologies including; click-wrap
, stamping, seals, Public Key Infrastructure (PKI) and biometric handwritten, voice, and fingerprint signatures -- all through a common electronic signature solution.
Decide who in the organization will be permitted to enter into or approve click-wrap
agreements and require that these people be consulted before anyone clicks "I Accept.
It is a threat to the fair use doctrine as it applies to electronic media in that it validates both shrink and click-wrap
licenses and replaces copyright law with contract law, thus allowing users to "click away their fair use rights" (Hoffman, 2001, p.