PRACTICAL KNOWLEDGE OF CLICKWRAP AND SHRINKWRAP AGREEMENTS

Speed in electronic transactions forms a new kind of software agreements Known as end use license agreement. In American legal system، there is no unit procedure. End user license agreement was begun by shrinkwrap and clickwrap agreements. Browsewrap agreement is the latest development type of them. Shrinkwrap agreements are usually formed by opening of the plastic cover of software package or by using of it. Clickwrap agreements are formed by clicking on “I Accept”. Validation of this agreement and their terms might be in conflict with consumer interest. For this، there is debate about the issue. In this respect، we tried to study validation of these agreements and their terms in Iran legal system with consideration of national interest and introduce applicable solution for formation of these agreements.