ProCD, Inc. v. Zeidenberg
United States Court of Appeals, Seventh Circuit
86 F.3d 1447 (1996)
Relevant factsFree
ProCD (plaintiff) sold its SelectPhone database at a lower price for non-commercial users, enforced through a license printed inside the packaging and displayed on-screen each time the software ran, limiting use to non-commercial purposes; Zeidenberg (defendant) bought the software, ignored the license, and resold its data commercially at a lower price than ProCD charged commercial customers. The district court held the license unenforceable because its terms were inside, not on, the box.
IssueFree
Whether a shrinkwrap license provided within a package and not printed on the outside constitutes an enforceable contract.
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