A practical example of a click-wrap license

Mahesh T Pai paivakil at yahoo.co.in
Tue Aug 6 15:55:03 UTC 2002

Lawrence E. Rosen wrote:

>...  Second, I want an arbitration provision
>so that I can ensure that any disputes about this license or about the
>defensive suspension of the license can be resolved in California
>without expensive court proceedings.  (See Specht v. Netscape for a
>description of such a provision.)
There are international treaties governing arbitration and the law on
the subject is more or less uniform throughout the world.  When the
issue is whether a person bound by an arbitration clause is more likely
to answered in the affirmative.  

But, being bound by the arbitration clause is not the same thing as
being bound by other obligations / rights under the contract.  Such
other provisions are more likely to be not uniform across jurisdictions.
 That is why, we generally include provisions specifying the law
applicable to the agreement in arbitration clauses.  
Mahesh T Pai

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