Cuyahoga Ohio Individual or Network Use Shrink-Wrap License Agreement

State:
Multi-State
County:
Cuyahoga
Control #:
US-CP0738-AM
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts.

The Cuyahoga Ohio Individual or Network Use Shrink-Wrap License Agreement is a legal document that outlines the terms and conditions for using software or digital products. It is commonly used by individuals or organizations located in Cuyahoga County, Ohio. This type of agreement is called a "shrink-wrap" license because it typically accompanies software that is packaged in a shrink-wrapped box or envelope. By opening the packaging, the user agrees to be bound by the terms and conditions outlined in the license agreement. The Cuyahoga Ohio Individual or Network Use Shrink-Wrap License Agreement is designed to address specific requirements and restrictions related to the use of the software within the geographical area of Cuyahoga County. It may contain key provisions such as: 1. Scope of Use: The agreement defines the scope of use, including whether the software can be installed on individual computers or used on a network. 2. Licensing Restrictions: It outlines any restrictions on the number of users, installations, or concurrent usage of the software. 3. Ownership and Intellectual Property Rights: The agreement clarifies that the software provider retains all rights and ownership to the software. 4. Limitation of Liability: It states any limitations on the software provider's liability for damages arising from the use or inability to use the software. 5. Termination: The agreement specifies the conditions under which the license may be terminated, such as violation of terms or non-payment. Different types of Cuyahoga Ohio Individual or Network Use Shrink-Wrap License Agreement can exist depending on the software provider or specific software being licensed. For example: 1. Commercial Software Agreement: This agreement is used for licensing commercial software products to businesses or individuals for use within Cuyahoga County. 2. Educational Software Agreement: This type of agreement is tailored for licensed educational software products to be used within schools or educational institutions in the Cuyahoga County area. 3. Nonprofit Software Agreement: Nonprofit organizations within Cuyahoga County may have specific license agreements that provide discounted or special terms for using software products. In conclusion, the Cuyahoga Ohio Individual or Network Use Shrink-Wrap License Agreement is a legal document that establishes the terms and conditions for using software within Cuyahoga County, Ohio. Different types of agreements may exist based on the nature of the software being licensed, such as commercial, educational, or nonprofit software agreements. It is crucial for users to carefully review and understand these agreements before using the software.

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FAQ

A shrink wrap license is an end user agreement (EULA) that is enclosed with software in plastic-wrapped packaging. Once the end user opens the packaging, the EULA is considered to be in effect. There are some concerns about the legality of an agreement that the user cannot examine prior to purchase.

In the defining statement of the opinion, the court held that, "shrink-wrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general." The court concluded that no contract was formed by the parties until the buyer "accepted" the seller's terms by electing to keep the

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

Difference between click-wrap and shrink-wrap agreement In a shrink-wrap agreement, the contract terms are not read until the buyer un-wraps the software; but in click-wrap agreement the consumer knows the contractual terms before he/she commits herself to buy goods or services.

wrap agreement is an agreement whose terms are expressed inside a box in which the goods are packaged. A clickon agreement arises when a buyer, completing a transaction on a computer, is required to indicate his or her assent to the terms by clicking on a button that says, for example, "I agree."

A Shrink Wrap agreement can be defined as a legal agreement that is packaged within a product. In this type of agreement, products are sealed or enclosed in shrink wrap (plastic wrap) implying that the goods (and thus the legal document) can only be viewed by the customer who purchases it.

A court is likely to enforce a shrink-wrap agreement because the seller proposed a contract by including the terms with the product and the buyer is accepting these terms by using the product.

Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract. Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.

A browsewrap is a link at the bottom of the screen with notice that using the site indicates acceptance of Terms. Browsewrap agreements are not very enforceable in court.

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Cuyahoga Ohio Individual or Network Use Shrink-Wrap License Agreement