Where software licenses differ is that there is an act of acceptance opening the wrap clicking the button. Courts have generally accepted that that is sufficient.
Email footers on the other hand can impose no obligation on the recipient intended or unintended. They are part of that weird corporate culture. "being seen to be doing something". A footer can point something out and inform but it cant command. Andrew -----Original Message----- From: Mark Medici [mailto:[EMAIL PROTECTED]] Sent: 26 June 2002 15:12 To: Burton M. Strauss III; [EMAIL PROTECTED] Cc: [EMAIL PROTECTED]; Cameron Turner Subject: RE: Auto Complete Password Caching Burton wrote: > I can't imagine that these disclaimers would hold up. At best, these > disclaimers seem to be an offer, in the contract law sense. > But the essence > of contract law is two (or more) parties of reasonably equal > ability to > contract and an agreement (with evidence, such as action > according to the > contract or signatures). What about Software Licenses? Does the licensee have a "reasonably equal ability" to modify the terms of the contract? No, it's a "take it or leave it" situation. Perhaps the same logic applies to the disclaimer: If you don't agree, send-back or delete the email. Personally, I think you're right and that these disclaimers are just silly (bordering on arrogant) and unenforceable. But I feel the same about most software licenses, and somehow they manage to persist.
