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Unformatted text preview: licenses are on the shrinkwrap and not on the external box, the purchaser is not bound by “secret terms”. 2-207(2) does not apply b/c ct. said he (Z) was not a merchant. Ct. of appeals cited UCC 2-204(1) stating that the notice of an enclosed license agreement with the right for the consumer to return the product if they do not agree is sufficient for a contract. Must buyers of computer software obey terms of shrinkwrap licenses? Yes. Reversed and Remanded. A software license printed on the inside of packaging can include binding license provisions as long as notice of enclosed licence agreement is on the outside of package and consumer has the option to return the software if they do not agree....
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- Spring '08
- licence agreement, ProCD, enclosed license agreement, J. Easterbrook Facts