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Step-Saver v. Wyse

Step-Saver v. Wyse - Page 204 Class Notes Case Step-Saver...

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Page: 204 Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Step-Saver Data Systems, Inc. V. Wyse Technology US Ct. of App 3 rd Cir. (1991) J. Wisdom Wyse Technology developed software that it sold to Step-Saver. Step- Saver sold the software to customers and customers complained that the software was defective and some of them filed suit against against Step- Saver. Consequently, Step-Saver filed suit for breach of warranty against TSL (Wyse). The trial judge granted a directed verdict on behalf of the defendant due to the “box to licence” agreement which stated: See Text p. 205 TSL argues that the contract between TSL and Step-Saver did not come into existence until Step-Saver received the program, saw the terms of the license, and opened the program packaging. TSL contends that too many material terms were omitted from the telephone discussion for that discussion to establish a contract for the software. Second, TSL contends that its acceptance of Step- Saver's telephone offer was conditioned on Step-Saver's acceptance *98 of the terms of the box-top license.
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