Question

You wish to download free software from the Internet. The download procedure includes a page titled "download now" that asks you to "please review" the licensing agreement that is available to you on another web page. The "download now" page has a button that initiates the download process. You click that button without going to the licensing agreement page and find that it contains an arbitration provision. Are you bound by this provision?

Answer 1

By clicking the download button without reading the licensing agreement, you may be bound by the included arbitration provision. Enforceability can vary, and it is generally recommended to read all agreements before acceptance.

Step-by-step explanation:

When you click the download button without reviewing the license agreement, you may still be bound by the arbitration provision included in the license. This is known as a clickwrap agreement, where your act of downloading the software is considered acceptance of all terms, even if you did not read them thoroughly. By initiating the download, you agree to the terms, including the arbitration provision.

However, the enforceability of such provisions can vary based on jurisdiction and specific circumstances. For instance, some courts might require that critical terms, such as arbitration clauses, be made clearly visible to the user before they can be considered binding. It is generally advisable to read all licensing agreements before agreeing to them, as indicated by the aforementioned scenarios reflecting different attitudes toward privacy notices and legal agreements.