blaw case 13 - 13. i.Lan Systems, Inc. v. Netscout Service...

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Unformatted text preview: 13. i.Lan Systems, Inc. v. Netscout Service Level Corp. Facts i.Lan Systems, Inc. (plaintiff) claims that a purchase of NextPoint Networks (now NetScout Service Level Corp.) software for $85,231.42 gives unlimited right to use the software, replete with perpetual upgrades and support. NextPoint disagrees with i.Lans interpretation of the agreement. Issue Is the clickwrap license agreement enforceable? Does NextPoint have a valid limitation-of-liability (for the price paid for the software: $85,231.42) defense? Holding The court says that the two merchants did not materially change the contract through the click wrap license, because they were merchants that regularly conduct business. The clicking of the online agreement was an enforceable agreement. Reasoning The court reasoned that the plaintiff agreed to the clickwrap terms when it clicked on the I agree box. Those terms effectively limited the defendants liability. The court reasoned that money now, terms later forms a contract when the purchaser receives the...
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This note was uploaded on 11/17/2008 for the course AEM 3200 taught by Professor Grossman,d. during the Fall '07 term at Cornell University (Engineering School).

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