Stephen Dye v. Tamko Building Products, Inc.

NEWSOM, Circuit Judge:

*678 You've undoubtedly heard of-and for that matter probably accepted the terms of-a "shrinkwrap" agreement, which binds a software (or small-electronics) purchaser to an inside-the-box contract if she opens the product and retains it for some specified time. In this cyber age, you've also almost certainly assented to the terms of a "clickwrap" or "scrollwrap" agreement-for instance, by hitting "I accept" when installing the latest operating system for your smartphone. This case-not quite as hip but governed by the same basic principles-requires us to determine the…