Step-Saver Data Systems, Inc. v. Wyse Technology and the 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.

• holding that additional terms in an acceptance “did not . . . constitute a conditional acceptance under UCC § 2–207(1)”
• noting that the absence of certain warranty terms was immaterial in light of UCC’s gap-filling provisions
• concluding § 2-207 applies to shrinkwrap terms presented after parties agreed to initial contract, and holding shrinkwrap did not adequately express unwillingness to proceed without assent to the terms
• during negotiations leading to purchase, vendor never mentioned box-top license or obtained buyer’s express assent thereto
• analyzing enforceability of license under U.C.C. § 2-207 as a \battle of the forms\ problem and finding license unenforceable because of prior conduct and manifested expectations of the parties
• refusing to uphold a shrinkwrap license agreement as an amendment to the parties’ contract

Source: CourtListener parenthetical corpus (CC0).