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It depends on the jurisdiction. You'd be right for USA, but in many other places click-through agreements (and shrinkwrap agreements for e.g. physically sold software) aren't worth the paper they're (not) written on, they're not considered binding.


I'm curious: which jurisdictions won't enforce a click-through agreement?


Germany for example. The legal argument for it is quite simple. Once a software is sold (in the "buy a license" sense), the manufacturer has no further right to limit your use of the software if they didn't include these terms into the sale contract. Therefore a manufacturer cannot force you to agree to a contract after you've already bought something. That includes click-through agreements if you need to "agree" to them in order to use the software.

The only way to get a EULA to work in Germany would be to include it into the sale contract between the consumer and the vendor at the point of sale.


I think you're confusing software shrinkwrap license terms with click-through agreements. The latter would apply to software as a service and require affirmative consent from the end user/licensee. As far I know online contracts are still enforced under the German Civil Code as long as they're properly formed, just as is the case everywhere else that I know about.


It's debatable in the US too.


In the US, browsewrap enforcement is debatable, but my conclusion after looking into this question is that properly-formed clickwrap is enforceable in most US jurisdictions that matter.




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