M.A. Mortenson Co. v. Timberline Software Corp.

This case presents the issue of whether a limitation on consequential damages enclosed in a “shrink-wrap license” accompanying computer software is enforceable against the purchaser of the licensed software. Petitioner M.A. Mortenson Company, Inc. (Mortenson), a general construction contractor, purchased licensed computer software from Timberline Software Corporation (Timberline) through Softworks Data Systems, Inc. (Soft-works), Timberline’s local authorized dealer. After Mortenson used the program to prepare a construction bid and discovered the bid was $1.95 million less than it should…