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WW001. "Web-wrap" Software License

This ‘Web-wrap’ software license is designed for the distribution of high-volume, low-cost software over the Internet.

Similar to a ‘shrink-wrap’ license, this type of license is used where it is virtually impossible to obtain the signature of the end-user to a license before software is delivered therefore the next best method of concluding a contract is by “constructive acceptance” of the license terms. For this to occur the full terms and conditions of the Web-wrap license must appear on screen either at the ordering stage and/or before the software can be downloaded or used, and the license must be “accepted” by the proposed end-user either by the end-user ‘clicking’ an ‘accept’ button located at the end of the license or by merely downloading the software.

The terms and conditions of this License should appear on-screen on the Website before the Software can be downloaded. They should also be incorporated into the Software itself to appear when the Software is ‘opened’ by the end-user.

Payment of the software license fee over the Internet is also now possible and this license includes provisions for on-line and conventional payment.

Just as the end-user of a ‘Shrink-wrap’ license is unknown, so too is that of a ‘Web-wrap’ license, therefore there is almost no possibility of controlling or policing the license terms. This being the case, it is only wise to market software over the Internet which is of low-value and perhaps also, of a type with a short ‘shelf-life’.

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