v. Netscout Service Level Corp.). A common example is that a user must accept the license terms of a website by clicking “Yes” in a pop-up to access the site`s features. This is therefore analogous to shrinked film licenses, for which a buyer implicitly accepts the license terms by first removing the shrinking film from the software and then using the software itself. Both types of analysis focus on end-user actions and ask whether there is explicit or implicit acceptance of the additional license terms. In recent times, publishers have started encrypting their software to prevent a user from installing the software without accepting the license agreement, or violating the Digital Millennium Copyright Act (DMCA) and his foreign colleagues. [Citation required] Additionally, in ProCD v. Zeidenberg, the license was declared enforceable because it was necessary for the customer to accept the terms of the contract by clicking on a “I agree” button to install the software. However, in Specht v. Netscape Communications Corp., licensee was able to download and install the software without first having to verify the terms of the agreement and give its positive consent, so that the license was declared unenforceable.
End-user license agreements are usually lengthy and written in a very specific legal language, making it difficult for the average user to give informed consent.  If the company designs the end-user license agreement in a way that deliberately deters users from reading it and uses language that is difficult to understand, many users may not give their informed consent. . . .