Second Appeal To Third Circuit (1991)
The court reversed holdings of the district court on the grounds that the box-top license is a non-enforceable contract, since Step-Saver did not explicitly agree to its terms. In addition the box-top license itself violated the original contract terms between Step and TSL which had given Step-Saver the right to freely distribute copies of TSL Multi-Link Advanced. The court remanded for further consideration of the Step-Saver initial contract consisting of implied warranty. The court affirmed in all other respects.
Read more about this topic: Step-Saver Data Systems, Inc. V. Wyse Technology, Court Opinions
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