Question

You wish to download free software from the Internet. The download procedure includes a page titled "download now" that asks you to "please review" the licensing agreement that is available to you on another web page. The "download now" page has a button that initiates the download process. You click that button without going to the licensing agreement page and find that it contains an arbitration provision. Are you bound by this provision?

A. Yes, because the "please review" statement in the "download now" page informed you of the licensing agreement.

B. Yes, because when you clicked the button to initiate the download process you agreed to the provisions in the licensing agreement.

C. No, because you did not perform an action that indicated your assent to the licensing agreement.

D. No, because laws relating to Internet privacy consider silence to be an acceptance of the offer.

Answer

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