{"id":190936,"date":"2024-10-25T17:03:29","date_gmt":"2024-10-25T16:03:29","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=190936"},"modified":"2024-10-27T22:55:10","modified_gmt":"2024-10-27T22:55:10","slug":"difference-click-wrap-shrink-wrap-licence","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/data-privacy-it\/difference-click-wrap-shrink-wrap-licence\/","title":{"rendered":"What is the Difference Between a Click-Wrap and a Shrink-Wrap Licence?"},"content":{"rendered":"\n

As a software company or software developer offering software products or software packages, ensuring that users comply with your software’s terms and conditions is crucial to protecting your intellectual property and software products. End User Licence Agreements (EULAs<\/strong>) are vital tools for setting out your contract terms and the rights and restrictions on software use. You can use different types of agreements, including shrink-wrap licences and click-wrap licences. How your business presents the EULA to users (whether through a click-wrap, shrink-wrap, or browse-wrap licence) can impact the agreement’s enforceability, particularly in consumer transactions. It is vital that your business carefully considers how to ensure enforceable contracts to protect your business from risk. This article explores the differences between click-wrap and shrink-wrap EULA agreements and considers which contracts are appropriate for your business when offering licences to consumers.<\/p>\n\n\n\n

Which Rights Apply to My Software?<\/h2>\n\n\n\n

Copyright law grants software protection as a literary work in the UK. You can use a software licence to grant users the legal right to use your software under specific conditions. An EULA contract combines this copyright permission with contractual terms to protect your software from risk. It grants users the right to use your software and sets conditions for such use, such as limiting users’ rights to redistribution or prohibiting unauthorised modifications. These safeguards can help protect your software from misuse.  There are different types of EULAs your business can use, which we explore below.<\/p>\n\n\n\n

What is a Click-Wrap Licence?<\/h2>\n\n\n\n

A click-wrap licence is an EULA that requires users to actively accept its terms before accessing your software. This usually involves clicking an “I agree” button or ticking a checkbox. Users can only proceed with installing or using the software if they confirm they have read and accepted the terms.<\/p>\n\n\n\n

Click-wrap licences are often deemed better for a business for enforceability purposes and are a common choice because they require explicit user consent. By clicking to accept the terms, users can demonstrate that they are aware of and agree to the conditions of use. For your business, this option helps ensure that there is clear evidence that the agreement meets the elements of a legally binding contract<\/a>.<\/p>\n\n\n\n

Click-wrap EULAs also frequently appear when businesses purchase software licences. Employees may be required to agree to the terms of an EULA individually by clicking a prompt before using the software, creating a direct contract between the licensor and the individual user.<\/p>\n\n\n\n

Mobile apps also use click-wrap licences, and users must accept the terms before downloading or using the app. In all cases, this approach can help ensure that your business can enforce the contract terms.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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