A practical example of a click-wrap license

Lawrence E. Rosen lrosen at rosenlaw.com
Mon Aug 5 19:38:36 UTC 2002


Bruce,

You wrote:
> The only approach that I can think of that does scale would 
> be a click-through regarding licenses in the aggregate rather 
> than a signular license. This could be done when a 
> distribution installs, or on something else than Linux, when 
> a package installer is first instantiated on a system.

You've made an excellent suggestion.  Here's a possible wording of a
distribution click-wrap notice.  I do not consider this wording
authoritative or final and I encourage suggestions:

  By clicking on "I AGREE" below, you indicate
  your acceptance of the software programs
  included on this distribution under the terms
  and conditions of the licenses applicable to 
  each of them.  

  You acknowledge that some or all of this software
  is being distributed under open source licenses 
  that allow you to copy the software, create
  modification to it, and distribute those copies
  and modifications, and that some or all of those
  licenses also require that you publish the source
  code of any copies or modifications that you
  distribute.  Source code for all open source 
  software included on this distribution is included
  with the distribution or is available from the
  distributor[ at www.xxxxxx.com].

  YOU ACKNOWLEDGE THAT SOME OR ALL OF THESE SOFTWARE
  PROGRAMS ARE DISTRIBUTED AS-IS, WITHOUT ANY WARRANTY,
  INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
  A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  [YOU 
  FURTHER ACKNOWLEDGE THAT THE DISTRIBUTOR IS PROVIDING
  THIS DISTRIBUTION AS-IS, WITHOUT ANY WARRANTY, 
  INCLUDE THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
  A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.]

  The name of each software program on this
  distribution and its applicable license is listed
  on the file LICENSE.TXT on this disk[, which you
  can read by clicking on "REVIEW THE LICENSES" below].  

  The software programs on this distribution are
  protected by copyright law in the United States
  and other countries, and by international treaty,
  or by one or more patents.  You understand and agree
  that the installation, use, copying, modification,
  and distribution of this software is prohibited by
  law unless you agree to the applicable licenses.  

  You will be permitted to install and use the 
  software programs included on this distribution
  only if you click "I AGREE" below.  

/Larry Rosen

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