3 ms·
> accept prior to using their Lenovo system for the first time Paper or first boot doesn't matter. While there are other necessary features[1], the post purcha
by pdkl95 11y ago
> accept prior to using their Lenovo system for the first time
Paper or first boot doesn't matter. While there are other necessary features[1], the post purchase ("shrinkwrap") EULA doesn't have a "meeting of the minds"[2] and thus is not a contract.
A contract isn't a "gotcha" game - the entire point is that there is to establish a mutual agreement between parties. At the time of sale (when consideration[3] is exchanged), there is no EULA. Nothing has been negotiated and there is no mutual understanding of what is required of each party.
In an ongoing attempt to circumvent the first-sale doctrine[4], the software industry has a bad habit of thinking they can throw an offer[5] at someone afterwords and have it count as a contract. They can make all the offers they want, but without another agreement and exchange of consideration[3] it's not a contract.
[1] https://www.law.cornell.edu/wex/contract https://www.law.cornell.edu/wex/contract
[2] https://en.wikipedia.org/wiki/Meeting_of_the_minds https://en.wikipedia.org/wiki/Meeting_of_the_minds
[3] https://en.wikipedia.org/wiki/Consideration https://en.wikipedia.org/wiki/Consideration
[4] https://en.wikipedia.org/wiki/First-sale_doctrine https://en.wikipedia.org/wiki/First-sale_doctrine
[5] https://www.law.cornell.edu/wex/adhesion_contract_contract_of_adhesion https://www.law.cornell.edu/wex/adhesion_contract_contract_o...
disclaimer: see a real lawyer for proper legal advice