A Company Sells a Software Package to a Purchaser

question 60

Multiple Choice

A company sells a software package to a purchaser. The package contains a licence agreement, which the purchaser does not see until she has paid for and received the package. The agreement, however, states that the purchaser may return the package if she does not accept the terms of the licence. If the purchaser keeps the software, is she bound by the terms of the licence agreement?

• A)No. The seller has not given any consideration for the buyer's promise to be bound by the agreement.
• B)Yes. Although there has been no consideration, the provision allowing return of the goods creates an exception recognized by the law to the requirement for consideration.
• C)No. The seller cannot unilaterally impose terms on the purchaser. The seller did not agree to the licence agreement when she purchased the package.
• D)The answer depends on the adequacy of the consideration which a court would find was given.
• E)The answer depends on whether the case is characterized as governed by the skrink-wrap rule or the click-wrap rule.

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Definitions:

Geographic Separation

The physical separation of populations by geographic barriers that lead to the formation of distinct species over time.

Reproductive Isolation

A set of mechanisms that prevent different species from mating or ensure that any offspring produced are sterile.

Fruit Flies

Small flies used extensively in genetic research due to their short life cycles and well-understood genetics, often of the species Drosophila melanogaster.

Hawaiian Island

An archipelago in the central Pacific Ocean, consisting of numerous islands and atolls, known for its unique ecosystems and as a popular tourist destination.