令和4年度 ITパスポート試験問14

This question's explanation and your answers so far.

問14

頻出度★★★

市販のソフトウェアパッケージなどにおけるライセンス契約の一つであるシュリンクラップ契約に関する記述として, 最も適切なものはどれか。

出典　令和4年度 ITパスポート試験問14

解説

問 14

ア
正解 A shrink-wrap contract is a form of agreement in which the act of opening the package (the shrink film) of a software package is treated as the purchaser's consent to the license terms. Therefore, once the package is opened, the contract is concluded even if the purchaser has not read or understood the license terms. Choice ア correctly states this essence of “opening = acceptance,” and is the most appropriate.
Incorrectイ
In a shrink-wrap contract, the act of opening itself constitutes acceptance (conclusion of the contract), and a cooling-off-style mechanism that would allow the contract to be voided within a certain period after opening is not the essence of this contract. Treating the contract as voidable after opening is the error.
Incorrectウ
The contract is concluded at the point the package is opened; it does not become void depending on whether use of the software is started thereafter or on the length of time until use begins. Treating whether use has begun as a condition for conclusion is the error.
Incorrectエ
A shrink-wrap contract is concluded by the act of acceptance that is “opening.” Without opening the package (i.e., with no act of acceptance), the contract is not concluded merely because a certain period has elapsed since purchase. Holding that it is concluded without opening is the error.

ここがポイント

Shrink-wrap contract = a form of contract in which, at the moment the package (shrink film) of a software package is opened, the user is deemed to have agreed to the license terms.
The requirement for concluding the contract is “the act of opening”; whether the license terms were read or understood does not matter.

用語

解答問14ア