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Topic: Shrink wrap contract

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	Shrinkwrap License Agreements
		The argument for enforcement rests upon the claim that "shrink wrap" licenses and standard form contracts are conceptually identical for purposes of determining their validity.
		"Shrink wrap" licenses are qualitatively different from standard form contracts and, it follows, are unenforceable under traditional contract principles, because the buyer does not consent to their terms or reach a meeting of the minds with the vendor.
		The same analysis applies to insurance contracts delivered after the insured has purchased his policy and paid the first premium, and to airline tickets often purchased and paid for by telephone and then the tickets and contract terms are delivered to the buyer.
	www.lex2k.org /shrinkwrap/introduction.html (944 words)

	Shrink Wrap - Assemblies Unlimited
		Shrink wrap services are provided by Assemblies Unlimited at multiple plant locations in the United States plus Mexico.
		Shrink wrapping is the process of encapsulating a product or products with a special film that is then shrunk around the product using heat which establishes a high gloss protective finish around the product giving it a clean, fresh and finished look.
		Shrink wrap is a great way to enhance and ‘finish off' the look of a product that will end up on a retail shelf.
	www.assemblies.com /shrink_wrap.html (358 words)

	Shrink wrap: Shrink wrap contract - wikipedia, the free encyclopedia. 8.5. shrink wrap (via CobWeb/3.1 ... (Site not responding. Last check: 2007-11-03)
		After the shrink wrap is sealed around the package, the hand-held heat gun heats and shrinks the shrink wrap film, sealing the package.
		Shrink Wrap L Sealers Shrink Wrap L Sealers Shrink Wrap L sealers are capable of quickly cutting shrink wrap without the smoke and odor of a standard straight bar sealer.
		After the shrink wrap is cut and drawn across the package, a conveyor belt sends it through a tunnel, heating and sealing the shrink film.
	play.45.kg.cob-web.org:8888 /bobrikov/wrapping/shrink-wrap.html (402 words)

	Global Wrap® - Global Wrap - Shrink Wrap Containment
		Global Wrap® invented the process to shrink wrap scaffolding, shrink wrap buildings, shrink wrap roof decks, shrink wrap for temporary walls and shrink wrap domes for construction, insurance and enviormental applications, nationwide.
		In 1988, management took our shrink wrap containment experience to develop quick shelters for the homeless and traveled to Armenia and in 1990 to Iran, after both countries were devastated by earthquakes.
		Global Wrap® shrink wrap is a drum-tight, seamless, fire retardant, 12 1/4 mil shrink wrap film cover that withstands high winds and can last a year in the sun.
	www.globalwrap.com (463 words)

	Contract packaging and packaging services companies featuring pharmaceutical, food, custom, & cosmetic packaging.
		Not all contract packaging service companies are involved in the visual or graphic design end of packaging, but some do offer this value-added service, which saves many companies the trouble of doing it themselves.
		When choosing a contract packager, the capabilities of their facility and packaging equipment should be evaluated to ensure that they meet the needs of the manufacturer.
		Shrink packaging is a common packaging method in which the product is wrapped in shrink film and then heated so that the film shrinks to the size and shape of the product.
	www.iqsdirectory.com /contract-packaging (1668 words)

	Kidd_Full (Site not responding. Last check: 2007-11-03)
		Contract law liberalizes this fundamental requirement, however, through a set of rules and interpretations to determine when an offer is made and when a manifestation of assent is present.
		If the contract is not evidenced by a single record, but consists of a series of communications, different terms may arise within the series and a "battle of the forms" n207 arises concerning which terms the parties intended to incorporate into the agreement.
		When parties have reduced their contract to what appears to be a fully or partially integrated memorialization, no party may introduce evidence of communications prior to or contemporaneous with the contract's execution to vary its integrated terms.
	cyber.law.harvard.edu /ilaw/Contract/Kidd1.html (11636 words)

	Contract packager specializing shrink sleeve labeling - mavpac.com
		More and more brand owners are turning to the highly graphic, glossy shrink sleeve armor to tempt consumers and protect them from grazers and tamperers while at the same time provide themselves with a cost effective alternative for short runs.
		Full-body shrink sleeves labels offer enhanced decoration possibilities, particularly in terms of the quality of the finish, the vibrancy of the colors, and the intricacies of the graphics compared to other forms of decoration.
		By comparison, a shrink sleeve label offers a large decoration area, and, because it fits closely around the contours of the pack, the impact and effectiveness of the design is retained.
	www.mavpac.com /shrinksleeve.cfm (322 words)

	Shrink Wrapping & Shrinkwrap Packaging (Site not responding. Last check: 2007-11-03)
		Shrink wrapping is frequently used to unify individual items into multi-packs or to unitize a product with a promotional item.
		Shrink wrapping is an industrial packaging option as well.
		A common application is to protect gaskets by shrink wrapping them to corrugated sheets.
	www.fapcoinc.com /shrinkwrap.htm (71 words)

	Click wrap contracts / Shrink wrap contracts
		The concept of traditional contract law understands that for a party to be bound by the terms of the contract, a party must have first agreed to it’s terms and consequently signed it.
		The main advantage of click-wrap contracts over shrink-wrap contracts to me seems to be the fact that with click-wrap contracts you’re given a clear opportunity to read through the terms and conditions of the contract before you agree to them.
		Although it is true to say that shrink-wrap contracts are gaining wide acceptance, this lack of full legal acceptance is seen as a worrying fact for software companies that want to precisely control the terms and conditions for use, limitation of liabilities and warranties and warranty disclaimers of software for their protection.
	www.akamarketing.com /click-wrap-shrink-wrap-contracts.html (993 words)

	APEC: E-com Legal Guide to Chinese Taipei
		Generally, except for the contract that related to the identity and the family relationship of the party, the court shall apply the national law as agreed by both parties.
		Typically, the "web-wrap/click-wrap" contract on the Internet, depending on the nature of it, is deemed valid and enforceable in the same way as the "shrink-wrap" contract under Taiwan law.
		It is noted that the web-wrap contract is a type of "standard contract," like the shrink-wrap contract, and, therefore, the special provisions of the Consumer Protection Act may apply to such contract.
	www.bakerinfo.com /apec/taipeiapec_main.htm (2186 words)

	wrap shrink: Machine Design (Site not responding. Last check: 2007-11-03)
		Shrink Wrap and Stretch Films (183 company listings) Shrink wrap and stretch films are used to hold items together in packaging and palleting applications.
		Heat Shrink Tubing (278 company listings) Heat shrink tubing conforms to the size and shape of wires, connections, open coils, and other electrically conductive elements to insulate and protect them from adverse environmental conditions.
		Shrink wrap systems and supplies sold by online company including heat guns, heat shrink tunnels, vacuum sealers and more.
	productsearch.machinedesign.com /mdproducts/wrap_shrink (564 words)

	eSchool News online - Ethics & Law--Click that 'agree' button: Do you enter more than a web site?
		These so-called "click wrap" agreements are direct offspring of "shrink wrap" contracts, the fine print verbiage found in almost every software package (on the wrapper, in the instruction insert, or in the opening page of the program when it runs).
		Noting that the shrink wrap agreement had not been further discussed or assented to in subsequent purchases made by phone and in writing, the court held that the shrink wrap contract did not apply.
		It overturned a lower court ruling that shrink wrap agreements were unenforceable and concluded simply that "Shrink wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." Recently, a federal judge in California issued an injunction in Hotmail Corp. v.
	www.eschoolnews.com /news/showstory.cfm?ArticleID=1034 (807 words)

	Kidd, Adapting Contract Law to Accomodate Electronic Contracts: Overview and Suggestions (Site not responding. Last check: 2007-11-03)
		Contract formation and performance can be conducted over electronic media and can occur without using a single sheet of paper or a drop of ink.
		These issues include whether e-commerce contracts satisfy the traditionally required elements for valid contracts, where e-commerce contracts are formed or executed, and the application of various contractual rules to e-commerce.
		Electronic contracts present challenges on a macro-level, as evidenced by an analysis of the formation and enforcement of contracts.
	cyber.law.harvard.edu /ilaw/Contract/Kidd_Full.html (19373 words)

	[No title]
		Shrink wrap packaging involves the use of thermoplastic or thermosetting films that shrink when heat is applied to them.
		Usually the shrink wrap process uses centerfolded shrink film - film that has been folded in half and wound into a roll. The package is formed by sliding the product to be wrapped between the center folds of shrink film.
		Using either an I-Bar sealer or a L-Sealer the package is then sealed on three sides to form the loose envelope of film around the product. In a matter of seconds, the film is sealed and cut simultaneously.
	www.homestead.com /mpaksys/How_To_Shrink_Wrap.html (239 words)

	Publications: Click-Wrap Agreements - Enforceable Contracts or Wasted Words? - Becker & Poliakoff
		For example, if a complicated term in a contract is buried in a boilerplate contract and it is a term that a reasonable party could not understand after careful reading of the contract, the court may limit its enforceability.
		Make sure that the contract includes a provision regarding a representation or warranty that says that the person who is entering into the contract is who they say they are; and if they are entering the contract on another's behalf, then they have the right to be binding that other person.
		Restatement (Second) Contracts 17 (stating in relevant part that "the formation of a contract requires a bargain in which there is a manifestation of mutual assent to the exchange and a consideration").
	www.becker-poliakoff.com /publications/article_archive/click_wrap.htm (5679 words)

	Shrink Wrap Agreements Lawyers, Legal Information, Attorney Finder
		The term “shrink wrap agreement” refers to the purchase agreements that are attached to shipped products, usually bound by shrink wrap (plastic wrapping) that contain terms and conditions.
		Courts have been split as to whether a consumer consents to the terms in a shrink wrap agreement since he pays for the product and goes so far as to open the package, but does not have actual knowledge of what the terms are until he opens the package to read them.
		Because the law surrounding shrink wrap agreements is uncertain, contacting an experienced attorney can help you make certain what your rights and remedies are when you are a party to a shrink wrap agreement and you believe you may have a claim.
	www.legalmatch.com /law-library/article/shrink-wrap-agreements.html (309 words)

	Internet Law - Shrink-Wrap Licenses (Site not responding. Last check: 2007-11-03)
		(Contract terms shipped along with computer to customer govern parties' relationship, where the customer receives a notice that informs her that the terms govern the parties relationship unless the product is returned within 30 days, and the customer fails to return the product within 30 days)
		The software at issue was shipped in sealed envelopes on the outside of which appeared the full text of the license agreement.
		Gateway 2000, Inc., the court held that plaintiff, an intended beneficiary of a third parties' purchase of a computer from defendant, entered into a contract with defendant by retaining that computer for 30 days in accordance with the terms of the agreement provided her at the time she received the computer.
	www.phillipsnizer.com /library/topics/shrink_wrap.cfm (1127 words)

	Shrink Wrap Machines, Infeed Systems, Kallfass
		The MGZ 400 and MGZ 700 shrink wrap machines are the ideal feeding units for packaging books, brochures, magazines, software boxes, CDs and similar items — also in stacks.
		By buying the basic unit, you are investing in unlimited scope for future upgrading: The wide range of available extension modules allows you to upgrade or convert your set-up to cope with a wide variety of different tasks.
		These shrink wrap machines are designed to create a center folded film from a flat film and especially suited for the Kallfass Fully-Automatic L-Sealer, Side-Sealer, UNIVERSA 5050, UNIVERSA 400 Standard, UNIVERSA 400 NT and our high-end shrink wrap machine SERVO JET 400; however it can also be used as independent unit.
	www.hughesent.com /equipment/InfeedSystems.htm (205 words)

	Shrink Wrap Agreements [NYS-STLC]
		For example, software sold in stores is commonly packaged in a box or other container, and then wrapped in clear plastic wrap.
		Through the clear plastic wrap on the box, the purchaser can see the warning that states the use of the software is subject to the terms of a license agreement contained inside, an agreement that cannot be read prior to purchase of the software.
		The court ruled that the absence of contract terms on the outside of the box containing the software was irrelevant because every software box also contained a warning, notice or some other indication that the software comes with restrictions stated in an enclosed license.
	nys-stlc.syr.edu /lawlibrary/Contract/shrinkwrap.aspx (661 words)

	Denounced By Richard Stallman!
		RMS is opposed to the Free World Licence primarily because it is framed as a "shrink-wrap"/"click-wrap" software licence contract rather than as a pure copyright licence.
		An additional incentive for employing contract form came from an analysis of the GNU GPL's no-warranty and no-liability clauses.
		However, Richard Stallman is opposed to "shrink wrap" and "click wrap", and other such forms of "up-front" contract software licences because he says that they are an attempt "to deny the user the legal right to run a lawfully-acquired copy of the program." Consequently, he has said he would denounce the The Free World Licence.
	www.freeworldlicence.org /denounced.shtml (880 words)

	TH&T \| Publications \| Article Search Results (Site not responding. Last check: 2007-11-03)
		These cases each have held that “notice on the outside, terms on the inside,” with a reasonable opportunity to review the terms and return the product, is an acceptable means of forming contracts involving software and intellectual property rights.
		By essentially “doubling-up” a purchaser in this manner, there may be even less chance that the purchaser will be able to avoid the vendor’s terms, including the vendor’s restrictions on use and resale, disclaimers of warranties, and forum selection clauses.
		Although courts appear to have accepted the enforceability of both shrink-wrap and click-wrap agreements as a general matter of contract formation, to ensure the enforceability of these agreements, software vendors should still use commercially reasonable terms that are clearly set forth in their agreements.
	www.tht.com /pubs/SearchMatchPub.asp?ArticleID=857 (847 words)

	Shrink Wrapping Packaging Services (Site not responding. Last check: 2007-11-03)
		At the Aaron Thomas Company, we know shrink wrapping like we know the back of our hand.
		Ideal for products or promotions where multiple items are to be presented at retail in an appealing, tamper-resistant manner, shrink wrapping accounts for over half of everything we do.
		Our shrink lines are capable of handling extra-long product lengths or something as small as a cassette.
	www.packaging.com /shrink-wrapping.html (478 words)

	[No title]
		Shrink Wrap agreements are generally used with microcomputer and standard software where there is no opportunity for a signed Licence Agreement.
		The contract is displayed on the packaging, visible through clear plastic film.
		The Licence purports to be a direct contract between the software producer and the User, totaly separate from the contract of sale between the dealer and the User.
	www.simply-docs.co.uk /Document.aspx?documentID=157 (102 words)

	Shrink Wrap Machine wraps 75 bundles per minute., ARPAC
		Continuous motion machine shrink wraps random sized bundles from 3/16 to 10 in.
		November 30, 2001 - Schiller Park, IL - ARPAC, the leading supplier of shrink packaging machinery for the printing and publishing industry, is pleased to introduce the new high-speed servo-driven 75GI.
		These continuous motion machines shrink wrap random sized bundles from 3/16" to 10" high and are designed to interact with today's high-speed binding lines, presorted postal route sequencing applications and the printing and publishing industries' fastest counter stackers.
	news.thomasnet.com /fullstory/5588 (899 words)

	Contract Packaging - Assemblies Unlimited
		Contract packaging, hand assembly and fulfillment services have been successfully provided to all industries by Assemblies Unlimited Inc since 1993.
		Assemblies Unlimited is more than a contract packaging company, we are project managers who take ownership and are accountable for every intricate detail of your important program.
		As contract packaging specialists we build a trust bridge with our clients so that they can rely on what we say, and that we end up doing exactly what we say we are going to do.
	www.assemblies.com /contract_packaging.html (407 words)

	Shrink wrap contract - Wikipedia, the free encyclopedia
		This article or section deals primarily with United States and does not represent a worldwide view of the subject.
		The term describes the shrinkwrap plastic wrapping used to coat software boxes, though these contracts are not limited to the software industry.
		Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.
	en.wikipedia.org /wiki/Shrink_wrap_contract (228 words)

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