Question: MacroFirm, Inc. creates and sells software mostly accounting programs, generic business forms, time management software, and the likein various program bundles at different prices. These
MacroFirm, Inc. creates and sells software mostly accounting programs, generic business forms, time management software, and the likein various program bundles at different prices. These program bundles include a shrink-wrap agreement that limits the warranties given by MicroFirm, Inc. and the remedies available to its customers. American Marketing Corporation buys one of these software bundles and uses it. Later, American Marketing Corporation files a lawsuit against MicroFirm, Inc., claiming that the product was flawed and that the flaws caused American Marketing Corporation to suffer business losses. The lawsuit asks for relief that exceeds the limits in the shrink-wrap agreement. What is a shrink-wrap agreement? Are such agreements always enforced? Under what circumstances is a court likely to enforce this agreement?
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