Step-Saver Data Systems, Inc. v. Wyse Technology was a case in the U. S. Court of Appeals for the Third Circuit primarily concerned with the enforceability of box-top licenses and end user license agreements ( EULA ) and their place in U. S. contract law.

However, TSL argued that the box-top license on the software delivered to Step-Saver was the only valid agreement made between the two companies.

— see, for instance, Step-Saver Data Systems, Inc. v. Wyse Technology, Vault Corp. v. Quaid Software Ltd .. Other courts have determined that the shrinkwrap license agreement is valid and enforceable: see ProCD, Inc. v. Zeidenberg, Microsoft v. Harmony Computers, Novell v. Network Trade Center, and Ariz. Cartridge Remanufacturers Ass ' n v. Lexmark Int ' l, Inc. may have some bearing as well.

Step-Saver argued, that any liability that it had to its customers should be shared by both Wyse and TSL since they were the original providers of the allegedly defective software and hardware.

As producers of key components of Step-Saver's overall product, Step-Saver contended that TSL and Wyse were liable in these suits, arguing that the same implied warranties Step-Saver made to its consumers were also made to Step-Saver by TSL and Wyse.

The fundamental question raised in this case was whether the shrinkwrap licenses accompanying TSL's software were legally binding, given that different terms were negotiated over the phone with Step-Saver prior to receiving physical copies of the software.

During the relevant period, Step-Saver Data Systems was a value-added reseller, combining hardware and software from different vendors to offer a fully functioning computer system to various end users.

During the relevant period, Step-Saver Data Systems, Inc. was a value-added reseller marketing ' single-user ' computer systems ( known at the time as micro-computers ).

In an effort to expand their market opportunities, Step-Saver sought to move to multi-user computer systems.

However, soon after Step-Saver began selling this product, complaints were received by customers claiming that the system was not functioning properly.

Step-Saver notified both TSL and Wyse of the complaints, but after a large amount of effort the customers ' problems remained largely unresolved.

C. S. Lewis supported this argument and challenged the evolutionary naturalistic view of morality – that morality evolved and is a human construct – by arguing that without objective moral truths, moral scepticism would set in, leading to moral anarchy.

" The university was not challenged about the origin of its interracial dating policy, and the District Court accepted " on the basis of a full evidentiary record " BJU's argument that the rule was a sincerely held religious conviction, a finding affirmed by all subsequent courts.

He held notoriously ambiguous views of Christianity, but famously challenged the argument from design in his Dialogues Concerning Natural Religion ( 1777 ).

This argument has been challenged by some scholars who claim that the Party was committed to the advance of scientific knowledge, economic development, and social progress.

This argument is at odds with the more commonly accepted Keynesian view of the causes of the Depression, and has been challenged as revisionist by many economists including Brad DeLong of U. C.

Additionally, his argument that profits are generated only through surplus labour has been challenged by the counterclaim that profits also come from investments in human capital and technology.

The blackout was challenged in Miami-Dade District Court by attorney Ellis Rubin, and although the judge denied Rubin's request since he felt he did not have the power to overrule the NFL, he agreed with Rubin's argument that the blackout rule was unnecessary for the Super Bowl.

The design claim is often challenged as an argument from ignorance, since it is often unexplained or unsupported, or explained by conjecture.

This argument has also been challenged by various compatibilist philosophers.

Also, science is a developed discipline ; a logical argument is created and can be challenged.

Wolfgang Grape has challenged the consensus that the embroidery is Anglo-Saxon, distinguishing between Anglo-Saxon and other Northern European techniques ; however, textile authority Elizabeth Coatsworth refutes this argument.

The argument that New Urbanism produces diversity has been challenged from findings from one community in Canada.

This argument however, could be challenged by the view that if wrongdoers are punished in hell, they must suffer, for which it is required that the wrongdoers must retain their sentience, in order to experience it.

Furthermore, the argument that " something " is needed to explain the differences in the Holocene is challenged by more recent research showing that all interglacials differ.

However, the idea of Butskellism has been challenged as a myth, with claims that there was in fact a sustained argument over the use of physical controls, monetary policy and direct taxation.

His argument in turn has been challenged by a number of authors, for example see " Contra Windschuttle " by S. G. Foster in Quadrant, March 2003, 47: 3.

On the flip side, an argument can be made that these holdings are not dicta, as both courts ruled on the merits of whether or not a challenged in-state arrangement constituted a " marriage " for purposes of Prop 22, an allegation that would be moot if either court believed Prop 22 permitted in-state marriages.

This argument has been challenged in a number of different ways.

Third, the last part of the perceptual relativity version of the argument has been challenged by questioning whether there is really no experiential difference between veridical and non-veridical perception ; and by arguing that even if sense-data are experienced in non-veridical cases and even if the difference between veridical and non-veridical cases is, as claimed, experientially indiscernible, there is still no reason to think that sense-data are the immediate objects of experience in veridical cases.

Adam Przeworski and others have challenged Lipset argument.

Several commentators have challenged the notion of " predatory borrowing ," accusing those making this argument as being apologists for the lack of lending standards and other excesses during the credit bubble.

An altogether different argument challenged that since the Nazis destroyed massive sets of sensitive documents pertaining to the Holocaust upon the arrival of Soviet and Western Ally troops, no truly comprehensive, verifiable historical reconstruction could be achieved.

Reformed epistemology aims to demonstrate the failure of objections that theistic belief — and in later works of the school, full-blown Christian belief — is unjustified, unreasonable, intellectually sub-par or otherwise epistemically challenged in some way, even where one believes it without supporting argument.

This argument has in turn been challenged in the Israeli legal system, but the argument was rejected by Israel's Supreme Court.

The prosecution also used some new maps indicating Ashdown's location, but their accuracy was challenged by Delić, as the location of a village was different from other maps of the area.

In its initial opinion, the Supreme Court majority interpreted the challenged ballots as indicating that voters were voting for the PIP as a party for the purposes of stating party affiliation ( and for the PIP's default slate ) but had decided to move their votes to individual candidates from other party's slates.

Soon afterward, the Herald-Traveler Corporation's license to operate channel 5 was revoked by the Federal Communications Commission, and was given to one of the groups of businessmen that challenged its license ( Boston Broadcasters ); on March 19, 1972, channel 5 became WCVB-TV ( Metromedia bought that station in 1982 and Fox Television Stations bought Metromedia in 1986, of at which time WCVB was spun-off to the Hearst Corporation ).

The suit challenged the validity of a license agreement with Richard Speer ( Roy Speer's son ) pursuant to which the Company was given the exclusive rights to certain software and alleges that the Company wrongfully made payments to Richard Speer pursuant to a computer services agreement which was allegedly terminated.

In addition if any license is revoked, it could not be challenged in court.

With it Erasmus challenged common assumptions, painting the clergy as educators who should share the treasury of their knowledge with the laity.

Madeleine Albright ( U. S. Ambassador to the U. N .) claims to have answered ( when she should have challenged ) a loaded question on 60 Minutes on 12 May 1996.

Lollards challenged the practice of clerical celibacy and believed priests should not hold government positions as such temporal matters would likely interfere with their spiritual mission.

However, the arbitral award may be challenged in the country where it was made or where enforcement is sought by one of the parties on the ground that the relevant ordre public should have been applied.

Mention should also be made of the work of Elliot Wolfson ( Professor of Jewish Mysticism, New York University ), who has almost single-handedly challenged the conventional view, which is affirmed by Idel as well.

When Psyche performed, they practically challenged the audience with the concept of what " entertainment " should be.

" Adding " We should always be challenged by sceptics.

Anything at or below that level does not constitute war potential .” Apparently when the SDF was created, “ since the capability of the SDF was inadequate to sustain a modern war, it was not war potential .” Seemingly, the Japanese government has looked for loopholes in the wording of the peace clause and the “ constitutionality of the Japanese military has been challenged numerous times .” Some Japanese people believe that Japan should be truly pacifist and claim that the SDF is unconstitutional.

While a direct tax should send a clear signal to the consumer, its use as an efficient mechanism to influence consumers ' fuel use has been challenged in some areas:

Graham McCann said the programme succeeded as it challenged the " convention that television should not acknowledge that it is television, the show made no attempt to hide its cameras, allowed the microphone boom to intrude and often revealed other nuts and bolts of studio technology.

The principles challenged the idea that a person should be an owner of property before being granted a political voice.

However, some have challenged the negative connotations regarding male virginity, as well as the belief that males should want to lose their virginities at earlier ages than their female counterparts.

While she acknowledges tactical mistakes and misconceptions, Hansen maintains that her actions were justified, and that capitalism should be challenged through direct action and other forms of protest.

Palmerston held that " if we can procure for it ten years of peace under the joint protection of the five Powers, and if those years are profitably employed in reorganizing the internal system of the empire, there is no reason whatever why it should not become again a respectable Power " and challenged the that an old country, such as Turkey should be in such disrepair as would be warranted by the comparison: " Half the wrong conclusions at which mankind arrive are reached by the abuse of metaphors, and by mistaking general resemblance or imaginary similarity for real identity.

After 1970 the desirability of assimilation and the melting pot model was challenged by proponents of multiculturalism, who assert that cultural differences within society are valuable and should be preserved, proposing the alternative metaphor of the mosaic or salad bowl – different cultures mix, but remain distinct.

A challenger's second should therefore always ask the challenged party if he wants to apologise for his actions that have led to the challenge.

It also stated the removal of Saddam Hussein from power in Iraq should be a key objective for the Israeli state, advocated armed incursions into Lebanon, and suggested Arab states should be challenged as undemocratic.

Ito was married to Margaret York, an LAPD captain who had worked with Fuhrman in the past, and Fuhrman felt that Ito should have been challenged by the prosecution or voluntarily recused himself from the case on that basis.

He challenged the notion that Germanic barbarians had caused the Western Roman Empire to end and he challenged the notion that the end of the Western Roman Empire should be equated with the end of the office of emperor in Europe, which occurred in 476.

Brown ’ s attorneys immediately challenged the results, contending that some 60, 000 ballots in Luzerne County should be tossed out because they had been perforated beforehand by county election officials in an attempt to prevent fraud.

Rather than simply glorify the phenomenon as the epitome of human progress, Drucker analyzed it and explained how it challenged the common thinking about how organizations should be run.

Court cases in 1977, 1979, and 1982 brought by or on behalf of Aboriginal activists challenged Australian sovereignty on the grounds that terra nullius had been improperly applied, therefore Aboriginal sovereignty should still be regarded as being intact.