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Omega,Inc ,Sells Business Application Software-Accounting and Book?keeping Programs,blank Business Forms,inventory

Question 61

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Omega,Inc. ,sells business application software-accounting and book?keeping programs,blank business forms,inventory control functions,and the like-in different combinations,in different packages,at different prices.Each package includes a shrink-wrap agreement that limits warranties and remedies.Precision Engineering Associates (PEA)buys an Omega package and uses the product.Later,PEA files a suit against Omega,claiming that the software is flawed and that the flaws caused PEA to suffer business losses.PEA asks for relief that exceeds the limits in the shrink-wrap agreement.What are shrink-wrap agreements? Are these agreements al?ways enforced? Under what circumstances is a court likely to enforce this agree?ment?

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A shrink-wrap agreement is an agreement ...

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