Clickwraps

Software clickwrap agreements require a user to click “I agree” or “I accept” before the software can be downloaded or installed. Recent court decisions have made it clear that clickwrap agreements are legal and binding contracts and therefore are subject to University contracting policy. Under this policy, these agreements may only be entered into by someone who has authority to enter into a contract binding the University. Another issue that the University faces with these agreements is that they generally contain provisions that are prohibited by North Carolina law.

To alleviate this hardship, the Office of General Counsel has given Vendor Risk & License Management authority to review and approve clickwrap agreements. As a result, some of the most common clickwrap agreements have been reviewed and a list has been compiled of the approved, conditionally approved and denied agreements. Conditionally Approved clickwraps are approved, but Software Licensing wants users to be aware that there are some risks associated with using the product or conditions that have to be met..

Before downloading or installing any software on a university machine, users should first verify that the product has been reviewed if it meets the clickwrap criteria. Software that has been purchased through the NCSU Purchasing Department is already approved and needs no further review.

Please be aware that although software is listed on this clickwrap list, it does not imply support from OIT or any other college or department on campus. Computer use and accessibility regulations also apply to clickwrap software.

Vendor Risk & License Management also invites users to submit the Request Form for Clickwrap Agreement Review for any other software that contains clickwrap agreements.