AUDIO – Case Study – Contract Lessons from ProCD vs Zeidenberg on Enforceability of Shrink-Wrap Licenses

Description

In this episode, we dive into ProCD, Inc. v. Zeidenberg (1996), a pivotal case in the world of software contracts and shrink-wrap licenses. The ruling established that shrink-wrap licenses—terms included with products that are accepted upon opening or using the product—are enforceable, provided that buyers have the opportunity to review the terms before agreeing. For contract managers, this case is a guide to understanding the enforceability of standard form contracts and the importance of clarity in user agreements. We’ll break down the case and offer insights on managing license agreements effectively.