The purchaser is not aware of the license agreement until after the sale is consummated. The purchaser's acceptance of the license agreement is inferred when he or she opens the package or uses the software. However, the purchaser does not sign the license agreement. He or she may not even read the terms of the license agreement and, in any case, does not expressly agree to them. Because of these conclusions, the license agreement was invalid and unenforceable.
Software developers have legitimate concerns about software piracy.
Counterfeiting is an international problem that results in the sale of millions of dollars of pirated software. The SPA is the leading international trade association for the personal computer software industry. Both SPA and BSA have collected millions of dollars worldwide from companies that have used pirated software. Most companies using pirated software are reported by former employees. Articles from West's Encyclopedia of American Law are published on West Legal Directory with the understanding that the publisher is not engaged in rendering legal or other professional advice.