| Step-Saver Data Sys., Inc. v. Wyse Tech. | |
|---|---|
| File:3rd Circuit seal.jpg | |
| Court | United States Court of Appeals for the Third Circuit |
| Full case name | Step-Saver Data Systems, Inc. v. Wyse Technology and The Software Link, Inc. |
| Decided | July 29, 1991 |
| Citation | 939 F.2d 91; 1991 U.S. App. LEXIS 16526; 15 U.C.C. Rep. Serv. 2d (Callaghan) 1 |
| Case history | |
| Prior actions | 1989 U.S. Dist. LEXIS 11320 (E.D. Pa. Sept. 25, 1989); affirmed in part, reversed in part, 912 F.2d 643 (3rd Cir. 1990); plaintiff's motion for a new trial denied, 752 F. Supp. 181 (E.D. Pa. 1990); dismissed, 1990 U.S. Dist. LEXIS 17381 (E.D. Pa. Dec. 21, 1990) |
| Subsequent action | none |
| Court membership | |
| Judges sitting | Dolores K. Sloviter (Chief), Robert E. Cowen, John M. Wisdom (U.S. Court of Appeals for the Fifth Circuit, sitting by designation) |
| Case opinions | |
| A written license and warranty disclaimer on the box-top of a software package did not become part of a binding contract when the software was purchased. Judgment of U.S. District Court for the Eastern District of Pennsylvania affirmed in part, reversed in part, and remanded. | |
Step-Saver Data Systems, Inc. v. Wyse Technology was a case primarily concerned with the enforceability of box-top licenses and their place in contract law. The enforceability of these licenses, also known as shrink wrap contracts, has been an issue of controversy as demonstrated in a few notable cases, Vernor v. Autodesk and ProCD, Inc. v. Zeidenberg both of which cited the Step-Saver case.
The final verdict in Step-Saver v. Wyse found that box-top licenses are legally non-binding, with the Pennsylvania court citing U.C.C. 2-207, and U.C.C. 2-206. The case was first heard at the United States District Court for the Eastern District of Pennsylvania. The plaintiffs later appealed to the United States Court of Appeals for the Third Circuit where the district decision was affirmed in part and remanded for further proceedings.
