Arizona Retail Systems, Inc. v. The Software Link, Inc.
United States District Court for the District of Arizona
831 F. Supp. 759 (1993)

- Written by Sean Carroll, JD
Facts
Arizona Retail Systems, Inc. (ARS) (plaintiff) discussed purchasing software from The Software Link, Inc. (TSL) (defendant). The evidence indicated that TSL sent ARS a trial disk. It appeared that TSL included a full-version disk in the package as well. The software arrived in shrink wrap with a license agreement attached. The license agreement disclaimed most warranties on the software, including any implied warranties. The license agreement contained an integration clause stating that it was the final and complete agreement between the parties. ARS kept the software after trying it. Subsequently, ARS made multiple additional purchases from TSL. ARS would call TSL to place orders of specific goods, quantity, and price. TSL would accept by phone and ship the goods. The parties would not discuss the license agreement on these calls, but the software would arrive each time with the license agreement attached. ARS had problems with the software and ultimately sued TSL. TSL argued that it had disclaimed all warranties in the license agreement. ARS moved for partial summary judgment.
Rule of Law
Issue
Holding and Reasoning (Broomfield, J.)
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