End License User Agreement
Your AESE, like other legal agreements, is only valid if it has actually been agreed. If your users can pretend that they never agreed, you`ll probably have a harder time asserting your clauses against them if you ever need to. The enforceability of an ITA depends on several factors, one of which is the court before which the case is tried. Some courts that have considered the validity of shrinked film licensing agreements, some ITAs have been declared invalid and have called them membership contracts, unscrupulous and/or unacceptable under the U.C.C – see for example Step-Saver Data Systems, Inc. v. Wyse Technology, Vault Corp. v. Quaid Software Ltd . Other jurisdictions have found the Shrinkwrap license agreement to be valid and enforceable: See ProCD, Inc. v.
Zeidenberg, Microsoft v. Harmony Computers, Novell v. Network Trade Center, and Ariz. Cartridge Remanufacturers Ass`n v. Lexmark Int`l, Inc. may also have some meaning. . . .