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Choice of Venue in Software Agreements

Choice of venue provisions in a warranty, contract, or software agreement may be unenforceable under certain circumstances. Where a software company had already made a contract for the sale of the software and simply included the choice of venue information with the shipment of the software, the Kansas Supreme Court held that it was unenforceable, as it was not part of the agreement at the time the contract was formed. The court rejected the Defendant's argument that the plaintiff had accepted the choice of venue provisions by using the software.

Terms of (Ab)Use: US and UK Consumers Dance to Different iTunes

"...a comparison of the new U.K. iTunes TOS ("U.K. Terms") and the original U.S. iTunes TOS ("U.S. Terms") on which they were based is illuminating. While the majority of the language in the both versions is identical, the differences between them are important, and illustrate that service providers can make things more fair for consumers, if they are forced to do so."

http://www.eff.org/deeplinks/2010/01/terms-ab-use-dancing-different-itunes-differences-

Aggressive Sales Tactics on the Internet and Their Impact on American Consumers

"WASHINGTON, D.C. – The U.S. Senate Committee on Commerce, Science, and Transportation announces the following full committee hearing on Aggressive Sales Tactics on the Internet and their Impact on American Consumers. "

What’s in a Standard Form Contract? An Empirical Analysis of Software License Agreements & Does Anyone Read the Fine Print? Testing a Law and Economics Approach to Standard Form Contracts

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Professor Florencia Marotta-Wurlger has written two articles on this subject:

What’s in a Standard Form Contract? An Empirical Analysis of Software License Agreements

Click-Wrap Agreement - Internet Library of Law and Court Decisions

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Summaries of a collection of cases analyzing online contracts.

www.internetlibrary.com/topics/click_wrap.cfm

Susan E. Gindin - Nobody Reads Your Privacy Policy or Online Contract?

Nobody Reads Your Privacy Policy or Online Contract?www.law.northwestern.edu/journals/njtip/v8/n1/1/

EFF.org - Terms Of (Ab)Use

The time has come to shed light on what these Terms of Service agreements actually say, and what it means to users.

www.eff.org/issues/terms-of-abuse

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