The Fairness In End User License Agreement Of Computer Software And Its Legal Regulation

Computer software is indispensable in Computing and Networking, and transactions of computer software are taking more shares in market. Along with the developing of technology and booming commerce, software retail transactions are showing more and more ways, which are shrinkwrap license, clickwrap license and browsewrap license . The new transaction way shows new contract forms, the End User License Agreement. It offer challenge for conventional civil law. This article analyses the fairness in End User License Agreement , including the fairness in contract form and its content. This article is divided into four chapters , totally more than 34,000 characters:The first chapter mainly put forward the question, introducing relating background knowledge, and then analyses the End User License Agreement from the angle of its characteristics and value,The second chapter is to analyse the issue step by step. Thoroughly discuss the fairness of End User License Agreement, and observe the issue from the aspects of its form and content with the theory of contract law.The third chapter mainly introduces the foreign legislation of End User License Agreement, and explain how they solve the above-mentioned matters. The campaign "Stop Before You Click" in America these years is also mentioned in this section, of which twelve principles focus on the fairness of End User License Agreement.The final chapter concerns about the status quo of legislative system in China , and propose how to regulate the unfairness in end user license agreement.