I.Lan Systems, Inc. V Netscout Service Level Corp

183 F.Supp.2d 328 (D. Mass. 2002)

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Nature of the Case

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Facts

P claims that for $85,231.42 it purchased the unlimited right to use D's software including perpetual upgrades and support so that it could rent, rather than sell, D's software to customers. P filed a complaint that alleges a breach of contract. P brought a motion for summary judgment. D then brought a cross-motion for summary judgment in that the clickwrap license agreement limits Ds liability to the price paid for the software.