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Using a Clickwrap Agreement? You better be tracking the facts too!

One way of forming a contract between a website and its users is the so-called "clickwrap" agreement, in which website users manifest their acceptance of the contract by clicking a button or checking a box that states "I agree" or something similar after being presented an agreement. Clicking on a webpage's clickwrap button after receiving notice of the existence of license terms has been held by some courts to manifest an Internet user's assent to terms governing the use of downloadable intangible software.

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