Question: When Bobby, who lives in Texas, bought software from Microbus, Inc., it arrived in a box with a notice on the box that purchase of
When Bobby, who lives in Texas, bought software from Microbus, Inc., it arrived in a box with a notice on the box that purchase of the software and use of the software must be under the licensing terms in the box. Bobby threw away the pamphlet in the box and used the software. When it caused his entire system to crash, he contacted Microbus and threatened to sue. Micorbus said that instead of suing, he would have to take the case to arbitration in Wisconsin because the terms of the license stated clearly that all claims against Microbus regarding the software would be settled by arbitration done in Wisconsin by Wisconsin law. Can Bobby sue in Texas instead?
a He can sue in Texas. He didn't even read the license agreement and can't be bound by something that is just stuck in the package.
b Bobby will probably be bound by the shrinkwrap agreement in the software box, and will be forced to arbitrate in Wisconsin rather than sue in Texas.
c Bobby can sue in Wisconsin.
d Bobby can probably arbitrate in Texas.
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