Facts
During the relevant period, Step-Saver Data Systems, Inc. was a value-added reseller marketing 'single-user' computer systems (known at the time as micro-computers). These 'single-user' computer systems consolidated software from multiple vendors into a single package tailored to the needs of various end-users.
In an effort to expand their market opportunities, Step-Saver sought to move to multi-user computer systems. To facilitate this transition, Step-Saver purchased a multi-user operating system from Software Link, Inc (TSL) known as "Multi-Link Advanced". They also purchased computer terminals from Wyse Technology that claimed to be compatible with the Multi-Link Advanced operating system. Combining these two components with computers provided by IBM, Step Saver began selling their new multi-user solution. However, soon after Step-Saver began selling this product, complaints were received by customers claiming that the system was not functioning properly. Step-Saver notified both TSL and Wyse of the complaints, but after a large amount of effort the customers' problems remained largely unresolved.
As a result, 12 of Step-Saver's customers filed lawsuits against them. As producers of key components of Step-Saver's overall product, Step-Saver contended that TSL and Wyse were liable in these suits, arguing that the same implied warranties Step-Saver made to its consumers were also made to Step-Saver by TSL and Wyse. However, TSL argued that the box-top license on the software delivered to Step-Saver was the only valid agreement made between the two companies. Step-Saver challenged this argument, indicating that the box-top license should be non-binding since Step-Saver never explicitly agreed to its terms.
Read more about this topic: Step-Saver Data Systems, Inc. V. Wyse Technology
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“Now, what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life. Plant nothing else, and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of any service to them. This is the principle on which I bring up my own children, and this is the principle on which I bring up these children. Stick to Facts, sir!”
—Charles Dickens (18121870)