9. GENERAL. This licence is governed by English law. Unless ARM agrees in a written contract signed by you and ARM, this is the only agreement between you and ARM regarding delivery items and can only be amended by a written agreement between you and ARM. Unless explicit written agreement is made, this license cannot be changed by orders, advertisements or other assurances by a person. If a clause or sanction of that licence is found to be illegal or unenforceable by a court, the other provisions of this licence will not be affected. The absence of an ARM application of any of the provisions of this licence, unless there is a written waiver, does not constitute a waiver of ARM`s rights to enforce this or any other provision of that licence in the future. This license cannot be issued without ARM`s prior written consent. Oracle is prepared to authorize your access to the software related to this license agreement (“Agreement”), only on the condition that you agree to that this agreement regulates your use of the software. By choosing the “Accept the license” button or the box (or equivalent) or installation or use of the programs, you give your consent to that agreement and your agreement as an authorized agent of your company or organization (if purchased for use by an entity) or as an individual, in order to comply with the licensing conditions applicable to the software you wish to download and access it. If you are not ready to be bound by this agreement, do not select the “Accept The Licensing Agreement” button or field (or the corresponding field) and do not download the software or access the software. For software you receive from Oracle in binary form, under open source license, which gives you the right to get the source code of that binary, you can get a copy of the corresponding source code from oss.oracle.com/sources/ or www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to you with the binary file, you can also obtain a copy of the source code on the physical media by submitting a written request in accordance with the instructions of the “Source Code Offer” section of the latter site.
Also, in ProCD v. Zeidenberg, the license was declared enforceable because it was necessary for the customer to accept the terms of the agreement by clicking a “I agree” button to install the software. In Specht v. Netscape Communications Corp. However, the licensee was able to download and install the software without having to verify the terms of the agreement and accept it positively, so that the license is considered unenforceable, i.e. 2.1. RefinedWiki grants the end user a non-transferable, non-sub-conceded, time-limited license (the “license”), which is revocable at Refinediki`s discretion, to use the software as an object code. The applicability of an AEA depends on several factors, one of which is the court where the case is being tried. Some courts that have considered the validity of Shrinkwrap licensing agreements, some EULAs have been declared invalid and have been classified as liability contracts that are unacceptable and/or unacceptable under the U.C.C . see z.B Step-Saver Data Systems, Inc.
v. Wyse Technology,[6] Vault Corp. v. Quaid Software Ltd. [7] Other courts have found that the shrinkw licensing agreement is valid and applicable: see ProCD, Inc.