SystemSoft Corp . shares fell as much as 34 percent after it said high costs and expectedly low sales from new software licensing agreements reduced its fiscal second-quarter earnings and will hurt profits for another two quarters.
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But previous court decisions have been murky about the enforceability of software license agreements since they are enclosed inside the shrink-wrapped box and not printed on the back of the box for consumers to read before making their purchase.
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The parties came to a settlement in September 2016, in which Oregon accepted a package that included $ 35 million in cash payments from Oracle, and technical support and software licensing agreements with an estimated value of $ 60 million.
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The ALA further contends that judicial enforcement of software license agreements, which are often contracts of adhesion, could eliminate the software resale market, require used computer sellers to delete legitimate software prior to sale, and increase prices for consumers by reducing price competition for software vendors.
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According to the small print in many software licensing agreements _ those from Microsoft, for instance _ owners may transfer their license to use the software as part of a sale but cannot keep any copies and must relinquish any entitlement to free upgrades as well as to all earlier versions.
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Blizzard claimed the software is an infringement of its copyright and software license agreement, stating that " Glider use severely harms the WoW gaming experience for other players by altering the balance of play, disrupting the social and immersive aspects of the game, and undermining the in-game economy . " Donnelly claims to have sold 100, 000 copies of the $ 25 software.
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Courts in various jurisdictions have decided that enforceable electronic signatures can include agreements made by email, entering a personal identification number ( PIN ) into a bank ATM, signing a credit or debit slip with a digital pen pad device ( an application of graphics tablet technology ) at a point of sale, installing software with a clickwrap software license agreement on the package, and signing electronic documents online.
