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.