The Clickwrap method was used at the Tribunal in ProCD v. Zeidenberg, 86 F.3d 1447 (7th cir. 1996), where Zeidenberg purchased a CD-ROM created by ProCD containing a compilation of a database of telephone directories. When buying this CD-ROM, Zeidenberg installed the software on his computer, then created a website that offers visitors the information contained in the CD-ROM at a lower price than ProCD calculated for the software. Prior to the purchase of the software, Zeidenberg may not have been aware of a prohibited use or distribution of the product without ProCD`s consent. However, after preparing the software to be installed on his computer, the software license appeared on his computer screen and did not allow him to continue the installation without giving his consent by clicking on his consent in a dialog box. The Tribunal found that Zeidenberg accepted the offer and the terms of the licence by clicking in the dialog box. Zeidenberg had the opportunity to read the terms of the license before clicking on the acceptance field. The Tribunal also found that Zeidenberg could have refused the terms of the contract and returned the software. (Id.)   The website is made available “as we shall see.” GitLab and its affiliates, suppliers and licensees hereafter refuse any explicit or tacit guarantee of any kind, including, but not limited to the guarantee of market continuity, adequacy to a particular purpose and non-violation. Neither GitLab, nor its suppliers, nor licensees guarantee that the website is error-free or that access to it is continuous or continuous. You understand that you are downloading the website at your own discretion and at your own risk or that you are receiving it through the website.
Although the courts have held certain Clickwrap licences as enforceable contracts, the result is not that all Clickwrap licences are enforceable. Clickwrap licenses must continue to meet the applicability criteria of a unilateral form contract. See z.B. Bragg v. Linden Research, Inc., 487 F.Supp.2d 593 (E.D. Pa. 2007), in which the judge characterized certain aspects of the Second Life Clickwrap agreement as “unseritly and therefore unenforceable.”  Dig these clumsy, overpriced and rigid electronic signature platforms. Take out the complexity of digital contracting.