Washington Supreme Court Rules Shrink Wrap Licensing Binding Without Explicit Consent: “The court disagreed, claiming that Mortenson had reason to know that the software was licensed and would be subject to license terms as aresult of its prior dealings, and the undisputed evidence showed that shrink-wrap license agreements are commonly used by the software industry. The court also found that the consequential damages limitation contained in the license terms was enforceable because it was not ‘shocking’ or hidden in a maze of fine print, and within the expectations of a sophisticated business such as Mortenson.”

[bookmark]