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Clickwrap held enforceable.
Feldman v. Google, Inc. (2007)

Google’s ‘AdWords’ program offers ‘pay per click’ advertising, which allows businesses and individuals to increase website traffic. If an internet user searches using keywords bought by an advertiser, the ad appears at the top of the webpage. Every time the ad is clicked, sending a visitor to the advertiser’s website, the advertiser is charged by […]

Clickwrap held unenforceable.
National Auto Lenders, Inc. v. Syslocate, Inc. (2010)

Syslocate, Inc. provides Global Positioning System (GPS) tracking units. The GPS units allow customers to track location of vehicles via the Syslocate website. National Auto Lenders, Inc. provides indirect lending services for car buyers. NAL purchases installment contracts from retail car dealers and takes liens on the cars that are subject to the loans. In […]

Clickwrap held enforceable.
Appliance Zone v. Nextag (2009)

Appliance Zone is an e-commerce retailer distributing appliance parts through its website. Nextag, Inc. operates a comparison website, where it advertises goods of companies such as Appliance Zone. Nextag refers customers to the companies’ websites and charges fee for every referral. Nextag uses a typical sign-up process for online contracting. During the registration process the […]

How to achieve software license compliance

Introduction Software non-compliance and piracy are spreading like a virus. Piracy implies not only use of forged software, but also unlicensed use of any software. According to the BSA Global Software Survey 2016, “39% of software installed on computers around the world in 2015 is not properly licensed.” Almost 90% of organizations breach software compliance […]

Risks of Click-Wrap Agreements

Click-wrap agreements are the texts containing the terms and conditions you have to accept when installing a software product or subscribing to a cloud service. Click-wrap agreements may comprise a part of documentation of a software product, be displayed when you purchase software or a cloud service on-line, or when you install a software product. […]

Managing and monitoring SaaS subscription and Terms of Services

Software as a service (SaaS) is a method of software delivery in which access to software applications is provided over the Internet. The idea is that the vendor provides you software as a service when you need it. SaaS has become extremely popular among businesses these days due to its scalability, cost effectiveness and mobility. […]