Through Agreement

The Clickwrap method was used at the Tribunal in ProCD v. Zeidenberg, 86 F.3d 1447 (7th cir. 1996), where Zeidenberg purchased a CD-ROM created by ProCD containing a compilation of a database of telephone directories. When buying this CD-ROM, Zeidenberg installed the software on his computer, then created a website that offers visitors the information contained in the CD-ROM at a lower price than ProCD calculated for the software. Prior to the purchase of the software, Zeidenberg may not have been aware of a prohibited use or distribution of the product without ProCD`s consent. However, after preparing the software to be installed on his computer, the software license appeared on his computer screen and did not allow him to continue the installation without giving his consent by clicking on his consent in a dialog box. The Tribunal found that Zeidenberg accepted the offer and the terms of the licence by clicking in the dialog box. Zeidenberg had the opportunity to read the terms of the license before clicking on the acceptance field. The Tribunal also found that Zeidenberg could have refused the terms of the contract and returned the software. (Id.) [5] [6] If a provision of this service contract proves unenforceable or unseeded, that provision is limited or removed to the minimum necessary to ensure that, if not, that service agreement remains fully in force and remains effective and enforceable. This service contract cannot be ceded, transferable or underlicensed by either party without the prior written consent of the other party; provided that one of the parties can transfer and/or cede the service agreement to a successor in the event of the sale of all or part of the activities or assets to which the service contract relates. Both parties agree that this service agreement, including any SOW containing these conditions, is the complete and exclusive declaration of mutual understanding between the parties and cancels and cancels all prior written and oral agreements, communications and agreements relating to the purpose of this service agreement, and that all exceptions and amendments must be made in a letter signed or agreed upon by any other party, unless otherwise stated.

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