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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 (D. Mass. 2002)


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.

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Holding and Reasoning (Young, C.J.)

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