[brlug-general] Shrink-wrap license..

[Andrew Baudouin]

That opens up a can of worms.

On 10/24/07, Dustin Puryear <dustin at puryear-it.com> wrote:
>
> So, I'm working through a contract with our lawyer and he sends this
> comment back on one of the provisions:
>
>            +    4.6    "Reseller shall deliver each Product with the
> shrink wrap End User License Agreement provided by XXX. Each End User
> Customer receiving Products packaged with such licenses shall be a XXX
> licensee subject to the terms and conditions of such licenses."
>
> -    Although one can agree to deliver a product with a shrink wrap
> license agreement under Louisiana law such license agreement is not
> enforceable. Therefore, if the End User Customer is Louisiana based,
> neither XX nor your company would be able to enforce the provisions of a
> shrink wrap license.   For our company should not obligate itself to be
> liable for its inability to enforce something that the courts have ruled
> is not enforceable.  It is recommended that Section 4.6 be deleted.
>
> Okay, the blah blah aside, so shrink-wrap licenses aren't even
> enforceable here? Interesting.
>
> --
> Puryear Information Technology, LLC
> Baton Rouge, LA * 225-706-8414
> http://www.puryear-it.com
>
> Author, "Best Practices for Managing Linux and UNIX Servers"
>   http://www.puryear-it.com/pubs/linux-unix-best-practices
>
> Identity Management, LDAP, and Linux Integration
>
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