So, I'm working through a contract with our lawyer and he sends this
comment back on one of the provisions:
+ 4.6 "Reseller shall deliver each Product with the
shrink wrap End User License Agreement provided by XXX. Each End User
Customer receiving Products packaged with such licenses shall be a XXX
licensee subject to the terms and conditions of such licenses."
- Although one can agree to deliver a product with a shrink wrap
license agreement under Louisiana law such license agreement is not
enforceable. Therefore, if the End User Customer is Louisiana based,
neither XX nor your company would be able to enforce the provisions of a
shrink wrap license. For our company should not obligate itself to be
liable for its inability to enforce something that the courts have ruled
is not enforceable. It is recommended that Section 4.6 be deleted.
Okay, the blah blah aside, so shrink-wrap licenses aren't even
enforceable here? Interesting.
--
Puryear Information Technology, LLC
Baton Rouge, LA * 225-706-8414
http://www.puryear-it.com
Author, "Best Practices for Managing Linux and UNIX Servers"
http://www.puryear-it.com/pubs/linux-unix-best-practices
Identity Management, LDAP, and Linux Integration
