ABSTRACT
Clickwrap agreements came into use when software vendors began distributing software by means other than disks, such as when the software is pre-installed on a computer for the user, or when the software is downloaded over the internet. Upon downloading, installation or first use of the application, a window containing the terms of the licence opens for the user to read. The user is asked to click either ‘I agree’ or ‘I do not agree’. If the user does not agree, the process is terminated. The clickwrap agreements often remove many factual questions whether the user had adequate notice of the licence terms and manifested assent to them. With respect to software downloads, the clickwrap terms often are displayed at the very start of the contract formation process, although often the terms are contained in a scrollable window that requires the user to scroll down to read all of the terms.5
