What is a Clickwrap agreement?
For NCSU purposes, a clickwrap agreement is one that requires agreement or acceptance to Terms and Conditions, an End User License Agreement (EULA) or any other form of agreement before you can acquire or use a software product. This agreement is usually found in one of the following places:
- During the installation of the product where you have to click “I Agree” or “I Accept” to continue the installation,
- On the web page where you download the software, or
- When you have to create an account in order to access the software
Under what conditions do Clickwraps need to be submitted?
- the cost is free or under $5000
- the user has to agree to terms to download, install or use the software
- the software is not covered by a signed agreement
- you are installing the software on a machine owned by the University
You do not need to submit a Clickwrap agreement for review when:
- the cost is over $5000 (these types of agreements need to go through purchasing)
- the user does not have to agree to any terms to download, install or use the software
- the software is already covered under a signed agreement (everything on software.ncsu.edu is covered)
- the software in question is a device driver
- the software in question is firmware
- the software is a browser add-on that doesn’t require an agreement
How do I submit a Clickwrap agreement for review?
Use the “Clickwrap Review Request Form” for individual agreements. If you have a group of agreements that you would like reviewed, please send a list (Google Doc, Excel, Word doc, etc.) to Software Licensing Management. Please include the following information:
- Software Title
- Vendor Name with a link to vendor’s website
- Is the software used to edit Audio/Video files or store files in the cloud?
- Any notes you would like us to be aware of (what it is used for, what version you use, is the software used with hardware, etc.)
How is the status of a Clickwrap agreement determined?
Software Licensing Management completes a risk assessment for each Clickwrap agreement based on the terms and security of the product. The risk assessment was developed through the coordinated efforts of the Office of General Counsel and Software Licensing Management.
If the analysis results in little or no risk, then the Clickwrap agreement is generally approved.
If the analysis results in a middle to high risk, then further reviews are conducted by Security and/or the Office of General Counsel. Dependent upon the results of their review(s), the Clickwrap agreement may be approved, conditionally approved or denied.
What is the difference between Approved, Conditionally Approved, and Denied?
- Approved – University personnel can accept the terms and install the software on University machines.
- Conditionally Approved – University personnel can accept the terms, but there are issues that the user should be aware of before installing the software on University machines. The reason(s) for this decision are stated under the product on the Reviewed Clickwrap page.
- Denied – University personnel can not accept the terms and should not install the software on University machines. The reason(s) for this decision are stated under the product on the Reviewed Clickwrap page.
What university regulations apply to Clickwrap software?