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. In this instance, the court held that simply continuing with the contract after receiving a writing including new terms does not constitute acceptance of those terms. See the rest of the story here.