Definition[edit | edit source]

A clickwrap license is

[a] license setting forth the terms under which a vendor sells a right to use a product; the license typically accompanies the electronic file containing the licensed data, or is on the vendor's Web site.[1]

Overview[edit | edit source]

The user must indicate assent to the license by clicking on an icon which indicates acceptance of the terms of the license before access will be granted to the software, data or other digital content.

Sample clause[edit | edit source]

By clicking the acceptance button or installing or using the . . . software, the individual or entity licensing the product ("licensee") is consenting to be bound by and is becoming a party to this agreement. If licensee does not agree to all of the terms of this agreement, the button indicating non-acceptance must be selected, and licensee must not install or use the software.[2]

References[edit | edit source]

  1. Licensing Geographic Data and Services, Glossary, at 273.
  2. Specht v. Netscape Comm. Corp., 306 F.3d 17, 24 (2d Cir. 2002).

See also[edit | edit source]

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