In a previous message, Peter B Van Campen wrote:
There have been a few court tests of s/w license terms that are called by the press "Shrink-wrap" agreements, and the courts have affirmed the use of shrink-wrap agreements. The rest of the clauses and terms in common s/w licenses are boiler-plate and as such have been tested and affirmed in court.
It is my understanding that most software licenses (specifically including Microsoft's) would actually not be valid in most countries were they to be challenged. The draconian restrictions and conditions are far beyond what would be deemed reasonable. For example, the very common stipulation that, by breaking the seal on a package, you agree to the enclosed licence - which you haven't yet seen! This is certainly not legally binding in the UK or many other jurisdictions - I couldn't say for sure about the USA because of the often strange nature of legal decisions there. In any case, I still believe that you are wrong when you stated a contract to be merely a "gentleman's agreement" once one party challenges it. It remains as legally binding as it ever was unless and until it is judged invalid by a court. John -- John Pettigrew Headstrong Games john@headstrong-games.co.uk Fun : Strategy : Price http://www.headstrong-games.co.uk/ Board games that won't break the bank Knossos: escape the ever-changing labyrinth before the Minotaur catches you!