contract-law terms-of-service eula
&#39;Click To Agree&#39; Terms of Services And Other Digital Agreements
<p>I've seen countless TOS/EULA/Legal agreements that basically say, 'Click here to Agree'.</p>

<p>What legal implication (if any) is there if I circumvent the action of clicking on that link/checkbox/button?</p>

<p>As a teenager, I'd always use keyboard shortcuts to continue the installer/or enter the website.  I figured that, since I didn't 'click' with a mouse, I didn't agree.  Sure, I pressed tab, tab, enter, but that is not a click.  At least, that's what I'd tell myself.</p>

<p>I'm older now, and I can come up with far more elaborate ways to advance the installer without actually clicking.  I can use Win32API calls to simulate a click, or I can use Javascript to send plain text up to the server that will let it continue, or use a debugger to just completely jump over the code that checks for my agreement.</p>

<p>From a legal perspective - does any of that matter?  If the screen says, 'Click to continue' and I drop my cat on the keyboard 50 times until the screen advances, have I avoided the agreement?  Or am I just a crazy guy throwing my cat around the office?</p>

<p>It's not a duplicate question, but I give a bunch of case law regarding clickwrap agreements here: <a href="https://law.stackexchange.com/a/9345/3851">https://law.stackexchange.com/a/9345/3851</a></p>

<p>Roughly, in the US, the test has been something like: "would a reasonably prudent offeree have known of the existence of license terms". If you proceed, when a reasonably prudent person would know that doing so indicated agreement with some terms, you will be deemed to have agreed to them. Whether you literally clicked doesn't matter.</p>
