Jurisdiction Clauses in Current Shrinkwrap and Clickwrap Contracts

Jurisdictional Clauses in Current Shrinkwrap and Clickwrap Contracts

These clauses concern Choice of Law, Choice of Forum, and Arbitration.

From Acapulco.com

URL http://www.acapulco.com/en/about/terms.html Found by Lisa Arrasmith on January 31, 2003.

This agreement is governed by the laws of Acapulco, México. You hereby consent to the exclusive jurisdiction and venue of courts in the Distrito de Tabares, Acapulco, Guerrero, México in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Alturian GPS Software

URL http://www.alturion.com/products/gpssoft/gpssta/help/en/eula.html Found by Lisa Arrasmith on January 31, 2003.

8. Governing Law. This Agreement shall be governed by the laws of Belgium.

Dell Financial Services

URL http://www.acapulco.com/en/about/terms.html Found by Lisa Arrasmith on January 31, 2003.

Acceptance of Contract Terms The following are terms of a legal agreement between you and Dell Financial Services L.P. ("DFS"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export laws and regulations including those which apply to export of data. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by DFS from its offices within the United States. DFS makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Texas.

Nokia Developer Agreement

URL http://www.forum.nokia.com/files/nds_disclaimer/1,1183,2652,00.html Found by Lisa Arrasmith on January 31, 2003.

13. APPLICABLE LAW & GENERAL PROVISIONS. This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Nokia, although Nokia may vary the terms of this Agreement.

MCI - Software for use on Palm devices

URL http://www.mci.com/home_family/products_services/international/japanese/wp2_palmcomp3.shtml Found by Lisa Arrasmith on January 31, 2003.

8. GENERAL: You may not issue any press releases or advertising regarding the Software or use MCI's name, logos, trademarks, service marks, or other proprietary marks without the prior, express written consent of MCI. These terms and conditions shall be governed by the substantive laws of the State of New York, excluding its conflicts principles. Any dispute arising out of or related to these terms and conditions or your use of the Software, which cannot be resolved by good faith negotiation, shall be submitted to J.A.M.S./Endispute for final and binding arbitration in accordance with the J.A.M.S./Endispute Arbitration Rules, as amended by these terms and conditions. Each party shall bear the fees and costs it incurs in preparing and presenting its case. This provision shall be subject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"). The arbitrator shall have no authority to award punitive, exemplary, or consequential damages. The award may be confirmed and enforced in any court of competent jurisdiction. All post proceedings shall be governed by the USAA. Any cause of action you may have with respect to this Agreement or the Software must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You agree to comply with all laws, regulations and other legal requirements that apply to these terms and conditions. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. MCI's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. MCI and you each agree that MCI's software licensors each, as an intended third party beneficiary of this Agreement, shall have the right to rely upon and directly enforce the terms set forth herein. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE ENTIRE AGREEMENT BETWEEN YOU AND MCI WITH RESPECT TO THE SUBJECT MATTER HEREIN, AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS PROPOSALS, DISCUSSIONS, AGREEMENTS, UNDERSTANDINGS, AND COMMUNICATIONS, WHETHER WRITTEN OR VERBAL AND MAY BE AMENDED ONLY IN A WRITING EXECUTED BY BOTH YOU AND MCI.

Newsweek International

URL http://www.newsweekasia.com/legal.asp?editionid=04 Found by Lisa Arrasmith on January 31, 2003.

Law governing this Website and this Disclaimer These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales. Despite the foregoing provision, Newsweek shall be entitled to select a court outside of England and Wales where it considers it appropriate so to do.

From Beermat Software's "Dope Wars 2.0 for Windows"

Program downloaded from Beermat Software's web site Found by Vergil Bushnell on May 14, 2001.

The construction, validity and performance of the Software License Agreement is governed by the law of England and the parties accept the jurisdiction of the English Courts. You shall have the right to commence proceedings solely in the English Courts but we shall have the right to commence proceedings in the courts of England or of the country in which you are resident or which otherwise have jurisdiction in accordance with any international convention.

From Monster Ireland's Terms of Use

URL: http://www.monster.ie./terms Found by Vergil Bushnell on May 14, 2001.

TMP makes no claims that the Materials may be lawfully viewed or downloaded outside the Republic of Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Customer accesses a TMP Site from outside of the Republic of Ireland, it does so at its own risk and is solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms of Use, shall lie exclusively with the Irish Courts and the Terms of Use shall be construed in accordance with the law of the Republic of Ireland.

From Financial Times Terms and Conditions

URL: http://globalelements.ft.com/Common/TermsAndConditions/terms.html Found by Vergil Bushnell on May 14, 2001.

The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of FT, FT shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

From Disney's "Terms and Conditions of Use"

URL: http://disney.go.com/legal/conditions_of_use.html Found by Vergil Bushnell at 4:34 PM, Feb. 29, 2000

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principals of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

From ICQ version 99 beta "License Agreement" dated August 10, 1999

This version of ICQ can be downloaded free at various FTP sites. Found by Vergil Bushnell at 7:10 PM, Feb. 29, 2000

If you are a citizen of the USA, then the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software as well as the ICQ Services and Information may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ Inc. or relating in any way to your use of the ICQ Software and the ICQ Services and Information resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving ICQ Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

If you are not a citizen of the USA, then the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern this agreement. Please note that your use of the Software as well as the ICQ Services and Information may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ Inc. or relating in any way to your use of the ICQ Software and the ICQ Services and Information resides in the courts of Tel Aviv and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tel Aviv in connection with any such dispute including any claim involving ICQ Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. The above assurance and commitment as well as all warranties, representations, indemnity clauses and restrictions contained in this agreement and in the ICQ Terms of Service, shall survive termination of this agreement.

From RealNetworks, Inc.'s "End User License Agreement" for Real Jukebox Basic

Downloaded free from http://proforma.real.com/real/jukebox/jukebox.html. Found by Vergil Bushnell at 12:00 PM, March 1, 2000

This License Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in the State of Washington. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

From Excite Inc.'s "Terms of Service"

URL: http://www.excite.com/terms.html Found by Vergil Bushnell at 4:22 PM, Feb. 29, 2000

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence.

From Barnesandnoble.com's "Terms of Use"

URL: http://www.barnesandnoble.com/include/terms_of_use.asp Found by Vergil Bushnell at 3:40 PM, Feb. 29, 2000.

This site is created and controlled by barnesandnoble.com in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. barnesandnoble.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through barnesandnoble.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.

"License Agreement" for Adobe's "Adobe Photoshop 5.5 Tryout for Windows"

This License Agreement does not have a distinct URL.
It was found by going to http://www.adobe.com/products/photoshop/demodnld.html,
and downloading the appropriate trial software. Found by Vergil Bushnell at 3:51 PM, Feb. 29, 2000.

This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

"License Agreement" for CorelDraw 9

This License shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada for product purchased in Canada and by the laws of the Republic of Ireland for product purchased outside of Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable.

Questions, comments and suggestions to Manon Ress manon.ress@cptech.org

CPT Home Page CPT's E-Commerce Page CPT's UCITA

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From Acapulco.com
URL http://www.acapulco.com/en/about/terms.html	Found by Lisa Arrasmith on January 31, 2003.

Alturian GPS Software
URL http://www.alturion.com/products/gpssoft/gpssta/help/en/eula.html	Found by Lisa Arrasmith on January 31, 2003.

Dell Financial Services
URL http://www.acapulco.com/en/about/terms.html	Found by Lisa Arrasmith on January 31, 2003.

Nokia Developer Agreement
URL http://www.forum.nokia.com/files/nds_disclaimer/1,1183,2652,00.html	Found by Lisa Arrasmith on January 31, 2003.

MCI - Software for use on Palm devices
URL http://www.mci.com/home_family/products_services/international/japanese/wp2_palmcomp3.shtml	Found by Lisa Arrasmith on January 31, 2003.

Newsweek International
URL http://www.newsweekasia.com/legal.asp?editionid=04	Found by Lisa Arrasmith on January 31, 2003.

From Beermat Software's "Dope Wars 2.0 for Windows"
Program downloaded from Beermat Software's web site	Found by Vergil Bushnell on May 14, 2001.

From Monster Ireland's Terms of Use
URL: http://www.monster.ie./terms	Found by Vergil Bushnell on May 14, 2001.

From Financial Times Terms and Conditions
URL: http://globalelements.ft.com/Common/TermsAndConditions/terms.html	Found by Vergil Bushnell on May 14, 2001.

From Disney's "Terms and Conditions of Use"
URL: http://disney.go.com/legal/conditions_of_use.html	Found by Vergil Bushnell at 4:34 PM, Feb. 29, 2000

From ICQ version 99 beta "License Agreement" dated August 10, 1999
This version of ICQ can be downloaded free at various FTP sites.	Found by Vergil Bushnell at 7:10 PM, Feb. 29, 2000

From RealNetworks, Inc.'s "End User License Agreement" for Real Jukebox Basic
Downloaded free from http://proforma.real.com/real/jukebox/jukebox.html.	Found by Vergil Bushnell at 12:00 PM, March 1, 2000

From Excite Inc.'s "Terms of Service"
URL: http://www.excite.com/terms.html	Found by Vergil Bushnell at 4:22 PM, Feb. 29, 2000

From Barnesandnoble.com's "Terms of Use"
URL: http://www.barnesandnoble.com/include/terms_of_use.asp	Found by Vergil Bushnell at 3:40 PM, Feb. 29, 2000.

"License Agreement" for Adobe's "Adobe Photoshop 5.5 Tryout for Windows"
This License Agreement does not have a distinct URL. It was found by going to http://www.adobe.com/products/photoshop/demodnld.html, and downloading the appropriate trial software.	Found by Vergil Bushnell at 3:51 PM, Feb. 29, 2000.