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E Law: Recent Developments in Shrinkwrap, Clickwrap and Browsewrap Licenses in the United States - Text In this case, TSL argued that the shrinkwrap license was a proposal for a modification to the contract under UCC Section 2-209, and that ARS had assented to the license terms by opening the package. The court concluded that, despite the references to the license on the box, the license restrictions in the shrinkwrap license were not part of the contract between ProCD and Zeidenberg. While objectively assessing the relative equities of the parties is not a fool-proof predictor of judicial decision-making, parties in litigation regarding these agreements would be wise to consider the relative equities in their favor as closely as the legal precedents involved. www.murdoch.edu.au /elaw/issues/v9n3/kunkel93_text.html   (6922 words)

Shrinkwrap Overview   (Site not responding. Last check: 2007-10-13) Does it matter whether (i) the shrinkwrap agreement is prominently displayed on the exterior of the box containing the software or (ii) only reproduced on the plastic bag containing the software diskettes that are included in the box? May the shrinkwrap agreement specify that it is governed by U.S. law if it expressly states that the end-user is receiving its license to use the software thereunder from a U.S. software manufacturer? In no jurisdiction is it absolutely clear that a shrinkwrap agreement would be enforceable against an end-user, though the degree of uncertainty varies. www.emich.edu /ict_usa/sw_overview.htm   (324 words)

Download Superstore Online Store: Download ShrinkWrap creates an exact byte-for-byte copy of a disk, file or data, making it safer and easier to use than a traditional "Save As." Disks created from image files are exact duplicates, including the exact icon placement, appearance of all windows, and the correct name of the disk. Since ShrinkWrap copies everything exactly as it is, including free space on the drive, it is especially useful for copying CD's or floppies that require the actual media in order to run. Using ShrinkWrap to duplicate disks gives you total assurance that all the files have been duplicated correctly and completely. www.digitalriver.com /dr/v2/ec_MAIN.entry17c?CID=93774&SID=5152&SP=10007&PN=5&PID=179006   (323 words)

Security Concerns in Licensing Agreements, Part One: Clickwrap and Shrinkwrap Agreements This article will discuss why shrinkwrap and clickwrap agreements are an important part of the legal infrastructure for bringing software and information services to market and why security professionals need to be particularly aware of some issues that these licensing agreements present. As you might expect, courts will not enforce shrinkwrap or clickwrap agreements in situations where the vendor's procedure for contract formation is flawed and, as a result, the terms of the license never become part of the agreement between the vendor and the user. There was a shrinkwrap license enclosed in the box with the computer, but Gateway never made its acceptance conditional on the purchaser's agreement to the shrinkwrap agreement. www.securityfocus.com /infocus/1602   (2606 words)

Grusd, Contracting Beyond Copyright: ProCD, Inc. v. Zeidenberg Because the shrinkwrap license in ProCD sought to prohibit the copying of material unprotected by the Copyright Act, the Seventh Circuit should have followed the district court's analysis and held the license preempted. n21 Instead, the court explained, the shrinkwrap license was either a proposed modification to the contract under § 2-209 or a written confirmation of the agreement under § 2-207. Shrinkwrap licenses are contracts of adhesion: they are offered to consumers on a "take it or leave it" basis with no opportunity to bargain for the contract terms. cyber.law.harvard.edu /ilaw/Contract/grusd.html   (7222 words)

ACM Column on UCC2B It would not only validate shrinkwrap and other mass-market licenses of information; it would also set rules about electronic contracting for information products and services, establish new rules about warranties, and allow software developers to embed in the software 'technical self-help' features which can be triggered if licensees fail to pay royalties for the software. Given the ubiquity of shrinkwrap licenses in the mass-market for software and given the intent of licensors to bind the entire market, the commercial effect of enforcing these licenses would make them resemble property rights (that is, rights good against the world) more than contract rights (good only against the two parties to the contract). This is the sucker tactic that apparently persuaded the Louisiana legislature in the early 80's to pass the shrinkwrap license enforcement statute that the Vault v. www.sims.berkeley.edu /~pam/papers/acm_2B.html   (3164 words)

My Mac Online: The Archives: November 1997: Software Review - ShrinkWrap 3.0 ShrinkWrap is a utility that can quickly and easily turn a disk into a file. ShrinkWrap also works with any disk, meaning you could create a Image of a CD and mount it on your desktop. ShrinkWrap is Trialware only, meaning you cannot buy it in a store. www.mymac.com /archives/nov_97/shrinkwrap.shtml   (797 words)

ATPM 5.10 - Review: ShrinkWrap 3.5 ShrinkWrap, formerly a shareware product of Chad Magendanz and now a commercial product from Aladdin Systems (the makers of StuffIt), is a better way to create Disk Copy–compatible images. ShrinkWrap’s interface is nicer than Disk Copy’s and lets you do what you want quickly, with minimum interruptions. ShrinkWrap supports the same image formats as Disk Copy, with the addition of a new ShrinkWrap format. www.atpm.com /5.10/shrinkwrap.shtml   (740 words)

ProfilesMagazine.com | Summer 2003 If external analysis the goal, the shrinkwrap part is assembled to the larger control volume and subsequently cut out from it (using the Cut Out command, located under the advanced utilities in assembly mode). As a final step, the shrinkwrap part is assembled to the encapsulating foam in the desired location and orientation and then cut out (again using the Cut Out command located under the advanced utilities menu in assembly mode). Even as I write this, a coworker observed that the “hole/no-hole” shrinkwraps could be subtracted to provide information on the amount of potting material needed to fill the cavities in assemblies. www.profilesmagazine.com /p24/cover_pg2.html   (516 words)

[No title] Although the database was of uncopyrightable material, the court held that a shrinkwrap agreement that prohibited copying of these decisions was enforceable against the competitor. Siedle v. This legal authority suggests that database proprietors can effectively use shrinkwrap, clickwrap, and in some cases browsewrap agreements to effectively automate the formation of binding contracts, in which they can dictate highly restrictive terms governing the use of information extracted from their databases. The court held that, by reverse engineering the software, Baystate breached the shrinkwrap license agreement governing Baystate's possession of the software. Copyright law ensures that necessary raw materials for innovation, such as facts and ideas, are freely available for the public to use and build upon. www.law.duke.edu /cspd/papers/protecting.doc   (3444 words)

Are Shrinkwrap Licenses Legally Enforceable? In this case, Mortenson (a contractor) purchased bid-making software from Timberline that was governed by a shrinkwrap license agreement. This case was decided on June 20, 1996, overturning a lower district court decision that invalidated the terms of a shrinkwrap license agreement. "Shrinkwrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general (for example, if they violate a rule of positive law, or if they are un- conscionable). www.cptech.org /ecom/ucita/shrinkwraplegal.html   (724 words)

Hawkins, Volume 3, Issue 1, Richmond Journal of Law & Technology These licenses are known as "shrinkwrap licenses" because the buyer is considered to have accepted the terms by opening the shrinkwrap encasing the package. The shrinkwrap license on the personal use version contained the most restrictions on the use of the program, and it is this version of the license at issue in this case. [26] The shrinkwrap license did not detail the specific terms of the license; instead the SelectPhone box only "mentioned the agreement in one place in small print."[27] Also, a screen reminded the user of the personal use version of these additional terms each time a search was conducted by the user. law.richmond.edu /jolt/v3i1/hawkins.html   (7936 words)

Infothought: Bowers v. Baystate update (shrinkwrap against reverse-engineering) Baystate is a case where a district court upheld as law that a shrinkwrap license can forbid reverse-engineering (see my earlier blog entry) Yesterday (January 29, tip thanks due to Donna Wentworth at Copyfight), the decision was apparently updated with a "concurring/dissenting opinion" by one of the other judges in the case. "By holding that shrinkwrap licenses that override the fair use defense are not preempted by the Copyright Act, 17 U.S.C. - 101 et seq., the majority has rendered a decision in conflict with the only other federal court of appeals decision that has addressed the issue - the Fifth Circuit decision in Vault Corp. v. www.sethf.com /infothought/blog/archives/000173.html   (314 words)

Shrink Wrapping For Boats Outboards & RIBS Our premium shrinkwrap is used for covering large products against weather damage during transportation or storage. Shrinkwrap comes in widths of 10'-40' and can cover entire flatbed loads of machinery or even 60'+ boats in one piece.With shrinkwrap there are specialized tapes to attach the wrap, vents to eliminate moisture under the shrinkwrap. Shrinkwrap is waterproof and can be sealed around entire units to eliminate any weather related losses. homepage.eircom.net /~outboardworld/shrink_wrapping.html   (286 words)

The Boat Guys - Mobile Marine Services   (Site not responding. Last check: 2007-10-13) Each option requires that the shrinkwrap material be placed in clear plastic recycling bags. shrinkwrap material is to be placed in the recycling bags that we provide for you. We can mail the bags to you at $12/each prior to our arriving to perform services and you can take care of stuffing them and having them ready for us to remove, or for a charge of $15/per bag we will bring them with us and stuff the material in the bag for you. www.boatguysri.com /Recycling.htm   (425 words)

ShrinkWrap 3.5.1 – Mac OS – VersionTracker Notify me when ShrinkWrap is updated on VersionTracker. ShrinkWrap� creates disk images, exact byte-for-byte copies of disks, floppies, CDs, files or any type of data. ShrinkWrap copies everything exactly as it is, ensuring that the copy is identical to the original. www.versiontracker.com /dyn/moreinfo/macos/178   (154 words)

Intellectual Property - Shrinkwrap Licenses   (Site not responding. Last check: 2007-10-13) The term shrinkwrap licenses refers to the licenses which most users simply click through when installing a new piece of software. IF a user finds a problem in the EULA, they can either try to return the software if they do not agree to the terms of the license, or attempt to use the software, and hope that the controversial terms of the contract never become an issue. Unfortunately, shrinkwrap licenses have become a problem for some businesses trying to recover losses caused by faulty software. ethics.csc.ncsu.edu /intellectual/licensing/shrinkwrap/study.html   (413 words)

Can't mount IMG files [Archive] - Mac Forums I have usued Shrinkwrap to mount files that diskCopy suddenly stoped mounting and then made anew image out of the mounted Disk. I don't own shrinkwrap and don't feel like shelling out the money with no assurance it will work. Personally i convert everything to toast image format (no better than shrinkwrap as far as i can tell but faster to create since it doesnt compress the file as much). forums.macrumors.com /archive/index.php/t-2123.html   (1085 words)

Dr. Shrink, Inc. shrinkwrap supplies for protection of any object during outside storage or transportation. Recycling ...   (Site not responding. Last check: 2007-10-13) Shrink, Inc. shrinkwrap supplies for protection of any object during outside storage or transportation. shrinkwrap supplies for protection of any object during outside storage or transportation. We offer premium shrinkwrap, heat tools, vents, tape, woven strapping, etc. Shrinkwrap sizes are from 10'-40' wide and are used to cover almost any item for weather protection. www.bizwiz.com /cgi-bin/bizxsrch.pl?terms=ARzNUjHpo94FMARkXc23zs/KvwARsjRENdyAiYc   (248 words)

Citations: Shrinkwrap: an adaptive algorithm for polygonizing an implicit surface - van Overveld, Wyvill (ResearchIndex)   (Site not responding. Last check: 2007-10-13) Citations: Shrinkwrap: an adaptive algorithm for polygonizing an implicit surface - van Overveld, Wyvill (ResearchIndex) According to their implicit function definition, this level set is.... Shrinkwrap: an adaptive algorithm for polygonizing an implicit surface. citeseer.ist.psu.edu /context/1018194/0   (274 words)

ShrinkWrap - Reviews and free downloads at Download.com ShrinkWrap creates disk images, exact byte-for-byte copies of disks, floppies, CDs, files, or any other type of data. ShrinkWrap offers read/write/mount support for segmented NDIF disk images. ShrinkWrap can now mount multi-volume disk images, including Apple DOS Card Drive Partitions, SoftPC/SoftWindows disk images, Virtual PC and Orange PC disk images, Hard Disk Toolkit block disk images, and Toast CD Pro disk images. www.download.com /ShrinkWrap/3000-2254_4-913878.html   (213 words)

Spring '97 Choice Products: Software: General Utilities: Disk Imaging   (Site not responding. Last check: 2007-10-13) ShrinkWrap is a Freeware utility made to manage disk images. Using ShrinkWrap is a breeze, making it an all around great utility. This is the last freeware version of ShrinkWrap. www.bmug.org /choice_products/DiskImagi6645.html   (105 words)

Shrinkwrap Medical Billing Software However, if you have an online business dealing with the subject of shrinkwrap medical billing software, we would be happy to include a self-written article that covers shrinkwrap medical billing software or any other subject covered on this site. Once submitted and approved, your article about shrinkwrap medical billing software will be linked to this webpage. Perhaps your search for shrinkwrap medical billing software would be more successful if you read our search engine user tutorial. www.software-on.com /medical_software/shrinkwrap_medical_billing_software.html   (225 words)

ProfilesMagazine.com | Summer 2003 Note: If the model to be shrinkwrapped is only a part, assemble it into an assembly. Select the quality level of the shrinkwrap and whether or not hole-filling will be used (Fig. Choose OK in the shrinkwrap elements box to create the shrinkwrap. www.profilesmagazine.com /p24/cover_pg3.html   (127 words)

Tucows Downloads » Download ShrinkWrap - 3.5 Demo Software   (Site not responding. Last check: 2007-10-13) Interface Improvements (ShrinkWrap is Appearance Manager savvy and has an updated Preferences window which unites the ShrinkWrap interface with the System software and makes ShrinkWrap more familiar to new users. ShrinkWrap requires Macintosh and Power Macintosh computers running Mac OS 7.1.1 and higher. Although a Macintosh SE or better is required for full functionality, the Mac Plus can still use ShrinkWrap to mount, convert and verify disk image files. tucows.iib.uam.es /preview/207005.html   (245 words)

American Shrinkwrap Products Page Shrinkwrap: American Shrinkwrap is available in 18 different sizes. Photo Gallery: See pictures of some shrinkwrapping applications. Shrinkwrapping Accessories: American Shrinkwrap Carries a full line of accessories. www.americanshrinkwrap.com /products.htm   (105 words)

Shrinkwrap Supplies Suppliers from the PowerSourcing Directory of Shrinkwrap Supplies Power Sourcing is your best source for finding shrinkwrap supplies suppliers. Use our expansive directory to source suppliers of shrinkwrap supplies and to source other products and services from thousands of suppliers, manufacturers, and distributors. These are just a few of our shrinkwrap supplies suppliers. www.powersourcing.com /sf/shrinkwrapsupplies.htm   (329 words)

Shrinkwrap I-Bar System - Shrink Wrap Heat Gun / ShrinkWrap Sealers - ABC Office Shrinkwrap I-Bar System - Shrink Wrap Heat Gun / ShrinkWrap Sealers - ABC Office Professionally shrinkwrap packages for just pennies per package. Shrink Wrap Heat Gun / ShrinkWrap Sealers www.abcoffice.com /aieibar.htm   (158 words)

RE: [GRRN] alternatives to shrinkwrap It is my understanding that GLAD Wrap, which my family uses, is not PVC. But to be really > effective we need specific information on shrinkwrap alternatives, > including > what they are, how they perform compared with PVC wraps, who sells them in > our region, and how their cost compares with that of shrinkwrap. To this end, any and all information on shrinkwrap alternatives > will be most sincerely appreciated. greenyes.grrn.org /2001/03/msg00017.html   (382 words)

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