Shrinkwrap Contracts


Shrinkwrap contract refers to software license agreements, specifically those that are included within a box of physical-media software.

  • does not refer to software that consumers purchase and download online
  • called shrinkwrap contracts because software manufacturers put them in a software box, underneath the shrinkwrap cellophane and packaging
  • become bound to the terms of the agreement when they break the shrinkwrap and open the packaging
  • agreement creates a software license between the consumer and the software developer
  • shrinkwrap contracts are valid
    • offer is shown by the manufacturer offering the software for sale
    • acceptance is the purchaser buying and installing i
    • consideration is the exchange of a product for money, and a consumer’s affirmative act of installing the software
    • Meeting of the minds is shown through the actions of the consumer with respect to either installing the software or returning it