Arizona Retail Systems, Inc. v. Software Link, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a software company could not unilaterally change the terms of a preexisting contract by including a shrinkwrap license agreement with the software when it shipped
• declining to “interpret section 2-207 in such a way that a package disclaimer constitutes a conditional acceptance even though the disclaimer arrives after the parties have entered into an agreement for the sale of goods”
• conditional acceptance analysis rarely appropriate where contract formed by performance but goods arrive with conditions attached
• vendor entered into contract by agreeing to ship goods, or at latest, by shipping goods
• “Section 2-207 addresses situations in which various terms proposed by the parties in the offer and acceptances processes were not agreed upon before the contract was formed under section 2-207(1
• when seller attached a shrink-wrap license to software packaging that buyer had already contracted to purchase, merely opening the package and continuing to perform the original contract did not function as a modification for lack of mutual assent

Source: CourtListener parenthetical corpus (CC0).