What are shrink-wrap, click-wrap, and browse-wrap licenses?
In the context of computer software and the Internet, written agreements that indicate the formation of a contract between the user and the manufacturer have been replaced by shrink-wrap, click-wrap, and browse-wrap agreements. Shrink-wrap licenses refer to the cellophane wrapping that seals boxes of mass marketed software are commonly called “shrink-wraps.” Software manufacturers generally attach license agreements inside the packaging of their products, which bind the consumer to the terms of the agreement upon removal of the shrink-wrap. Some courts have held that shrink-wrap licenses are unenforceable as contracts of adhesion, while other courts have considered them valid. An adhesion contract is a bargain drafted unilaterally by a dominant party, and presented as a final offer to a party with very little bargaining power. The terms are generally presented as a preprinted form to the weaker party, who lacks any realistic ability to negotiate the terms. If an individual chooses to r
