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The U.S. District Court in i.Lan Systems, Inc. v. Netscout Service Level Corp.[1] has held that a clickwrap license agreement is enforceable under principles drawn from Article 2 of the Uniform Commercial Code. The court’s adoption of a “Money Now, Terms Later” approach, and the absence of decision law in this critical area, makes the determination highly important for online software distributors. Long Island’s software-rich environment creates a greater than usual opportunity for local lawyers to participate in software transactions, making the i.Lan decision of particular importance.

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