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Step-Saver Data Systems, Inc. v. Wyse Technology
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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Step-Saver Data Systems, Inc. v. Wyse Technology
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Facts
Plaintiff would call Defendant to order programs and Defendant would accept over the phone and ship the goods promptly. The phone calls never discussed the disclaimer of warranties. The invoice would only discuss price, quantity and shipment terms. The License specifically states that opening the package would indicate acceptance of the terms, including the disclaimer, and if a person did not agree then they could return the package unopened for a refund.
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