Issue #1:
The issue is whether the licensing agreement and manuals are included in the software package when sent
to Mortenson
Rule:
The rule for this authority is whether the licensing agreement in the purchase order constitutes a contract
Application:
The terms of the present of license agreement are part of the contract as formed between the parties. The
license if the use of program established an agreement to bound all the terms in the license and if the user
did not wish to bound, he can return the program to Timberline along with the purchased product. However,
Mortenson’s way of installation and use of the software indicate that he already agrees to the terms of the
license
Conclusion:
The defendant, Timberline have the authority to pass such a law to Mortenson. Since Mortenson’s use of the
software has indicated that he agrees to the license terms and even though Mortenson claimed that he did not
receive the license agreement together with the package, there is a reference to the licenses agreement
appears on the programs’ introductory screen each time the program is executed. Therefore, it constitutes in
a contract.
Issue #2:
The issue is whether Timberline is responsible to the damage done to Mortenson’s software by the bug that
is found.
