i.Lan Systems, Inc. v. Netscout Service Level Corp.

183 F.Supp.2d 328 (2002)

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i.Lan Systems, Inc. v. Netscout Service Level Corp.

United States District Court for the District of Massachusetts
183 F.Supp.2d 328 (2002)

SC
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Facts

i.LAN Systems, Inc. (iLAN) contracted to resell the software of Netscout Service Level Corp., which was formerly known as NextPoint Networks, Inc. (NextPoint) (defendant). The parties entered into a reseller agreement and iLAN clicked through a clickwrap license agreement in the software itself. iLAN believed that the agreement included perpetual software upgrades and unlimited support from NextPoint. NextPoint disagreed. iLAN brought suit and filed a motion for summary judgment, seeking specific performance of the contract as construed by iLAN. Specifically, iLAN sought a ruling that it was entitled to perpetual upgrades of NextPoint’s software and unlimited support. NextPoint filed a cross-motion for partial summary judgment on the issue of specific performance.

Rule of Law

Issue

Holding and Reasoning (Young, C.J.)

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