Step-Saver Data Systems, Inc. v. Wyse Technology
United States Court of Appeals for the Third Circuit
939 F.2d 91 (1991)
Between August 1986 and March 1987, Step-Saver Data Systems, Inc. (Step-Saver) (plaintiff) purchased software from The Software Link, Inc. (TSL) (defendant) for incorporation into a system Step-Saver sold to law and medical offices. (Wyse Technology, a co-defendant, was successful at the trial court and on appeal.) While the documents exchanged during the order process had identical terms, a licensing agreement printed on the top of each software box (box-top license) contained a disclaimer of warranties and stated that opening the box constituted acceptance of the licensing agreement terms. In March 1987, Step-Saver stopped selling its system due to problems with TSL’s software and later sued TSL for breach of warranties and indemnification. TSL argued that the disclaimer of warranties in the box-top license was binding, and Step-Saver argued that the box-top license materially altered the parties’ agreement. The district court found that the licensing agreement governed the relationship between the parties and granted TSL’s motion for directed verdict. Step-Saver appealed.
Rule of Law
Holding and Reasoning (Wisdom, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.