Click-Wrap, Shrink-Wrap, and Web-Wrap Agreements
Michael R. Overly · Auerbach Publications eBooks · 2021
This chapter presents some of the key considerations and risks presented by shrink-wrap, web-wrap, and click-wrap agreements. Click-wrap, shrink-wrap, and web-wrap agreements are the fine print, among other things, when the reader click through terms and conditions in accessing an online service or as part of the installation process for a piece of software. The risk of the products purchased under a shrink-wrap model can increase dramatically when the proposed application varies from the foregoing common elements. There are essentially two means of purchasing shrink-wrap products. First, the product can be directly purchased from the vendor that created it. Second, the product can be purchased through a reseller or similar entity that is authorized by the vendor to distribute the product. There are essentially three methods of addressing the risk of shrink-wrap agreements: blind acceptance, knowing acceptance, and mitigation.