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Step-Saver Data Systems v. Wyse (1991)
Step-Saver Data Systems v. Wyse (1991) | |
Court | 3rd Circuit |
---|---|
Citation | 939 F.2d 91 (1991) |
Date decided | July 29, 1991 |
Related | Step-Saver Data Systems, Inc. v. WYSE Technology II |
Facts
Step-Saver Data Systems, Inc. ("Step-Saver") sold computer management system that bundled
(an IBM computer) + (remote terminals by Wyse Technology) + (software called "Multi-link advaced by TSL)
The Software Link, Inc. (TSL) is now a defunct software company.
Wyse was acquired by Dell in 2012.
Step-Saver (plaintiff) was the seller of a hardware/software bundle and had entered into a contract with the defendant ("Wyse") to purchase software for the in its package.
Procedural History
Step-Saver filed a suit against the defendant for breach of warranty. The defendant claimed that a box-top warranty applied to the plaintiff’s purchase which effectively disclaimed the defendant from any damages. Plaintiff argues that he never agreed to the box-top license, and that the contract was formed on the phone when ordering the software. Note that the defendant had tried to get the plaintiff to expressly agree to the license terms, which were ignored twice.
The district court held that the parties intended to adopt the box-top license as the complete and final expression of terms of their agreement.Issues
Holding
Reasons
Case Text Links