The DMCA specifically provides for reverse engineering of software for interoperability purposes, so there has been some controversy over whether the terms of the software license agreement that restrict this are enforceable. Davidson & Associates v. Jung[12] of the 8th Circuit concluded that such clauses were enforceable after the Federal Circuit ruled baystate v. Bowers. [13] Click-wrap license agreements refer to website-based agreements (see iLan Systems, Inc.c. Netscout Service Level Corp.). A common example of this is that a user must accept a website`s license terms by clicking “Yes” in a pop-up window to access the website`s features. This is therefore analogous to shrink film licenses, where a buyer implicitly accepts the terms of the license by first removing the shrink film from the software package and then using the software itself. In both types of analysis, the focus is on the actions of the end user and asks whether there is an explicit or implicit acceptance of the additional license terms. In this Agreement, the party granting the right to use the Licensed Property, [OWNER], is referred to as the “Owner” and the party that receives the right to use the Licensed Property, [USER], is referred to as the “User”. 3. Guidelines on Copyright in Manuscripts, Rare Books and Other Images Non-exclusive licenses also do not require consideration to be valid. [Citation required] We reserve the right, and you authorize us, to use and reject any information regarding your use of the Site and any information you provide in accordance with our Privacy Policy.

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