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The concept of traditional contract law understands that for a party to be bound by the terms of the contract, a party must have first agreed to it’s terms and consequently signed it.

Since the 1980’s PC use has continued to grow by phenomenal amounts in both business and residential environments. It’s hardly surprising that software has been released at a similar pace to run on all these PC’s, more recently with the advent of the Internet software is easily available for direct download to the end-users machine.

Software companies need to protect themselves from damages claims stemming from damage caused by improper and proper use of their software by end users and profits lost by users making illegal copies of their software among other things. This is done through a contract.

It would be virtually impossible and very impractical to have the buyer of a software package to sign a traditional paper based contract relating to the software prior to purchasing it as in the IT industry software is rarely sold directly in person by the publishing company to the end-users.

Thus there needed to be some mechanism whereby the purchaser agrees to the terms of the license without actually signing on the dotted line. Enter shrink-wrap and click-wrap contracts.

Shrink-wrap contracts, the earlier of the two are the terms and conditions that accompany software distributed in a retail computer store. Shrink-wrap contracts usually read something like “By opening the packaging on this box you agree to the terms and conditions of the license.” The terms and conditions of the license are more often than not located inside the box.

Click-wrap contracts were developed in response to the massive growth of the Internet and Internet technology. A party enters into a click-wrap contract when they click the “I agree” or “I accept” button which are preceded by terms and conditions. Examples of where click-wrap contracts can be regularly seen include before you download software, before you book an airline ticket online, before you download music and many more.

Both shrink-wrap and click-wrap contracts have their advantages and disadvantages for the consumer and the company offering the terms and conditions themselves. This report focuses however on the advantages of click-wrap contracts over shrink-wrap contracts and hence I will now continue to discuss this.

The main advantage of click-wrap contracts over shrink-wrap contracts to me seems to be the fact that with click-wrap contracts you’re given a clear opportunity to read through the terms and conditions of the contract before you agree to them. With shrink-wrap contracts the fundamental problem is that the consumer doesn’t get to know the key terms of the contract until they open the box, by which point it is often too late to get the money back for the software product.
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Ray Sayeed Ray Raihan Sayeed commenced his college education in the fall of 2010 at Loyola University Chicago in Illinois, and he currently majors in both pre-med and business.
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Police officers receive extensive training in spotting danger signs when stopping a vehicle. Our website, www.NJLawman , regularly covers stories of what happens when officers don’t pick up on danger signs.

What you may believe to be innocuous behavior on your part may be behavior consistent with one of t hose danger signs. Furthermore, it could be grounds for arrest. For this reason, it is important to know how to act when stopped by a police officer.

Okay, firstly, pull your vehicle over to the right shoulder immediately upon seeing the emergency lights on the police car activated. A delay in pulling over is considered suspicious.

After you have stopped and put your car in park, put your hands on the steering wheel, wait for the officer and refrain from making any movements. If you begin reaching under your seat or in your glove compartment, the officer may believe that you are hiding contraband or reaching for a weapon. Just remain still and wait for the officer. The only exception would be if it you are stopped during evening hours. In that case, put your interior light on so the officer has a better view of the interior of your vehicle. A lit vehicle interior will reduce the officer’s concern regarding weapons or other possible threats within your reach.

Also, do not exit the car to meet the officer unless instructed to do so. This is also considered a danger sign.

When the officer has reached your car, just follow his or her instructions. You will be asked for your driving credentials and by law you are required to produce them.

Most officers are trained to obtain the credentials before advising the driver of the reason for the stop. Some motorists will demand to know why they were stopped prior to producing their credentials. This accomplishes nothing except creating a tense situation.

Ordinarily, after accepting the credentials the officer will explain why you were stopped. If he or she doesn’t it is fine to ask.

You may or may not have been aware of your violation. If not, you may inquire further. However, the time and place to dispute the officer’s observation is not while you are still on the stop: It is in the courtroom.

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