Chapter 7

Click-Wrap, Shrink-Wrap, and Web-Wrap Agreements

CHECKLIST

Where’s the Agreement?

  • □ Identify all relevant contract terms

  • □ Keep accurate copies of the agreements

  • □ Record the date of acceptance

Risks and Issues

  • □ Business assessment of risks posed

  • □ Understand as-is nature of software or service

    • – No warranties

    • – No indemnities

    • – Very limited liability, if any, for the vendor

  • □ Customer has unlimited liability for both direct and consequential damages

  • □ Identify contractual provisions that could place customer intellectual property at risk

    • – Feedback clauses

    • – Train personnel not to reveal or disclose proprietary information or intellectual property

  • □ Avoid placing sensitive information at risk

    • – No confidentiality protection ...

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