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Will a court enforce license terms published on my Web site for software downloaded from the site?
Not necessarily. In the recent case of Specht versus Netscape, a federal district court refused to enforce arbitration terms contained in Netscape's license where there was no evidence that users had agreed to such terms. To increase the enforceability of Web site license terms, downloading should be permitted only for those users that have affirmatively accepted the published license terms (such as clicking an "I Accept" icon). Frequently, this can be part of a license registration process.
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