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They can disagree all they want, but it is on them to prove that I agreed to buy a license, when I am physically holding something I bought. I didn't have to sign a contract for it. Adding terms after the purchase makes it a post-purchase agreement and that is unenforceable in most western jurisdictions.


Somebody should inform all the companies selling enterprise software whose entire model depends on selling seats, then.


Most of those have agreements at the time of purchase. Those are some of the most legitimate dealings in software sales.


Anyway, as I replied to the other guy, Venor v. Autodesk shows that some courts have upheld "shrinkwrap" licensing. I don't think it's a settled question in US law.




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