Click-wrap license agreements refer to website-based agreements (see iLan Systems, Inc.c. Netscout Service Level Corp.). A common example of this is that a user must accept a website`s license terms by clicking „Yes“ in a pop-up window to access the website`s features. This is therefore analogous to shrink film licenses, where a buyer implicitly accepts the terms of the license by first removing the shrink film from the software package and then using the software itself. In both types of analysis, the focus is on the actions of the end user and asks whether there is an explicit or implicit acceptance of the additional license terms. Software vendors often enter into special agreements with large companies and government agencies that include specially designed support contracts and warranties. The Product Software and all copyrights, trade secrets and other intellectual property rights worldwide are the exclusive property of carbonTRACK and its licensors. carbonTRACK and its licensors reserve all rights in the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you under this EULA and is not sold. This EULA does not include implied licenses. All proposals, comments and/or submissions that you provide to carbonTRACK in connection with the Product Software are the property of carbonTRACK. carbonTRACK may use, copy, modify, publish or redistribute the Comments and/or Suggestions and their content for any purpose and in any manner without compensation to you.
You also agree that carbonTRACK does not waive the right to use similar or related ideas previously known to carbonTRACK, developed by its employees or obtained from other sources. The applicability of an EULA depends on several factors, one of which is the court in which the case is heard. Some courts that have reviewed the validity of shrink film licensing agreements have found some EULAs invalid and have designated them as membership agreements, unscrupulous and/or unacceptable under the U.S. C.C – see, for example, Step-Saver Data Systems, Inc.c. Wyse Technology, Vault Corp.c. Quaid Software Ltd.  Other courts have determined that the Shrinkwrap license agreement is valid and enforceable: see ProCD, Inc.c. Zeidenberg, Microsoft v. Harmony Computers, Novell v. Network Trade Center, and Ariz.
Cartridge Remanufacturers Ass`n c. Lexmark Int`l, Inc. may also have some significance. No court has ruled on the validity of EULA in general; Decisions are limited to certain modalities. Here is an example of an EULA created with the iubenda terms and conditions generator. Click the button to open the Contract: 2.1. License and right of use. Cisco grants you a non-exclusive, non-transferable license (except with respect to the Software as permitted by the Cisco Software Transfer and Reuse Policy) (a) a license to use the Software; and (b) the right to acquire the Cloud Services both from an Approved Source, for your direct benefit during the Term of Use and as set forth in Your Eligibility and this EULA (collectively, the „Use Rights“). .