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Contracts Keyed to Frier
Step-Saver Data Systems, Inc. v. Wyse Technology
Citation:
939 F.2d 91 (1991)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Between August 1986 and March 1987, Plaintiff purchased software from Defendant to incorporate into a system that Plaintiff sold to law and medical offices. While the documents exchanged during the order process had identical terms, a licensing agreement printed on the top of each software box (box-top license) contained a disclaimer of warranties and stated that opening the box constituted acceptance of the licensing agreement terms. In March 1987, Plaintiff stopped selling its system due to problems with Defendant’s software and later sued Defendant for breach of warranties and indemnification. Defendant argued that the disclaimer of warranties in the box-top license was binding, and Plaintiff argued that the box-top license materially altered the parties’ agreement. The district court found that the licensing agreement governed the relationship between the parties and granted Defendant’s motion for directed verdict. Plaintiff appealed.
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