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Question: Netscape offered its Smart Download software free of charge on its Web site. Visitors who wished to obtain Smart Download from Netscape's Web site arrived at a page pertaining to the download of the software. On this page, there appeared a tinted box labeled "Download." By clicking on the box, a visitor initiated the download. The sole reference on this page to the License Agreement appeared in text that was visible only if a visitor scrolled down through the page to the next screen. If a visitor did so, he or she would see the following invitation to review the License Agreement: "Please review and agree to the terms of the Netscape Smart Download software license agreement before downloading and using the software." Visitors were not required affirmatively to indicate their assent to the License Agreement by clicking on it, or even to view the License Agreement, before proceeding with a download of the software. But if a visitor chose to click on the underlined text in the invitation, a hypertext link would take the visitor to a Web page entitled "License & Support Agreements." The first paragraph on this page read in pertinent part: "The use of each Netscape software product is governed by a license agreement. You must read and agree to the license agreement terms BEFORE acquiring a product. Please click on the appropriate link below to review the current license agreement for the product of interest to you before acquisition. For products available for download, you must read and agree to the license agreement terms BEFORE you install the software. If you do not agree to the license terms, do not download, install or use the software." A further click would be required before the visitor was brought to another Web page containing the full text of the License Agreement. Among the terms of the License Agreement was a term requiring that virtually all disputes be submitted to arbitration in Santa Clara County, California, with the losing party paying all costs of arbitration. Several people who downloaded Smart Download filed suit against Netscape because of a privacy issue with the software. Netscape moved to compel arbitration, claiming that the arbitration clause in the License Agreement was valid and enforceable. Was Netscape correct?
How does this supply chain differ from that in a manufacturing firm? - What are the constraints on making decisions based on economics alone at Arnold Palmer Hospital?
What is the difference between synchronous manufacturing and just-in-time manufacturing? Compare how each affects scheduling and controlling. How can a global organization begin to rely on these methods to become more competitive and efficient?
He then alleged, among other claims, that IBM subjected him to economic duress when he signed the release and covenant-not-to-sue, and he sought to rescind both. What will Johnson need to show in order to prove his cause of action?
Most of us have to work for a living, and a job is a central part of our lives. Why then do managers have to worry about employee motivation issues?
Started a job as the manager of a small clinic in a rural area
What happened?Was therebriberyor corruption?
In what sense is the term "market" being used in each of the following sentences? "Go to the market and get some bananas."
See the toy example following Theorem 10.3. Find the transition matrix for the Markov chain constructed by the Metropolis-Hastings algorithm. Show that π = (0.1, 0.2, 0.3, 0. 4) is the stationary distribution and that the detailed balance conditio..
The data in the accompanying table resulted from performing Modified Proctor Tests on a soil. Plot the data and determine the soil's laboratory optimum.
The Internal Revenue Service provides information on a variety of tax issues in its publication series. These publications can be found on the IRS World Wide Web site (www.irs.gov/formspubs/index.html).
A tender is a request for a company or individual to bid for. You can assume you already have replied to the tender and you have won the tender. So, you are going to be the one delivering the service or developing the product that the tender has..
In what ways do you think UTC's ACE program improvesits employees' ability to adapt to changing contingencies?How easy would it be for other companies to implement achange program similar to UTC's?
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