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:

Differential Success

The variation in reproductive success among organisms within a population due to differences in heritable traits.

Reproduction

Reproduction is the biological process by which new individual organisms are produced, either sexually with genetic material from two parents, or asexually from one organism.

Phenotype

The collection of traits visible in a person that emerge from how their genetic makeup interacts with their surroundings.

Characteristics

Features or qualities that serve to identify, describe, or differentiate individuals, groups, or things.