Licensing Agreement Cisg

[16] 2012 UNCITRAL Digest of Case Law on the United Nations Convention on the International Salet of Goods, Digest of Article 3 Case Law, www.cisg.law.pace.edu/cisg/text/digest-2012-03.html, (access date: 19.12.2018); Schroeter, www.cisg.law.pace.edu/cisg/biblio/schroeter1.html, (entry date: 19.12.2018). Many website operators now use agreements such as “Clickwrap” or “Shrinkwrap” to ensure that their customers are notified of their terms. Clickwrap agreements include that customers are guided by a set of screens that contain the terms of the proposed contract before they can accept or reject the terms, for example. B by clicking on a “I accept” symbol. Although no decision was made on this point of the CISG[55] in Hotmail Corp/Van Money Pie Inc.[55], the court found that clicking on a “I accept” symbol after flipping through the terms of sale in this matter was sufficient to indicate that the defendant intended to be bound by these commercial conditions. Under the GSIS, a contract is only entered into if the parties have indicated their intention to enter into a binding agreement. [50] Are computers capable of intending to do so? Otherwise, can a computer be considered an agent for the man who programmed it, so that the actions of the computer serve to indicate the programmer`s intention to be bound by the contract? It is possible to make arguments that licensing agreements are nevertheless sales contracts. Section 41 states that “the seller must deliver goods exempt from any third-party rights or claims, unless the purchaser has agreed to withdraw the goods from that right or request.” It can therefore be argued that the CISG authorizes a “sales contract [page 123]” in which a buyer who “buys” software under a licensing agreement has agreed to retain ownership of the goods submitted to the seller. [7] This argument is, to some extent, supported by the fact that article 4 states that the CISG is not concerned about “the impact that the contract may have on the ownership of the goods sold.” In addition, the concept of letter applies to other provisions of the CISG, for example. B art.