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STEP-SAVER DATA SYSTEMS, INC. v. WYSE TECHNOLOGY

No. 90-1859.

939 F.2d 91 (1991)

STEP-SAVER DATA SYSTEMS, INC., Appellant, v. WYSE TECHNOLOGY and the Software Link, Inc.

United States Court of Appeals, Third Circuit.

Decided July 29, 1991.

Attorney(s) appearing for the Case

Francis X. Clark (argued), John H. Kiefel, Ronald H. Silverman, Silverman, Clark & Van Galen, King of Prussia, Pa., for appellant.

Jay P. Hendrickson (argued), Hendrickson, Higbie & Cole, San Francisco, Cal., Joseph Schumacher, Abraham, Pressman & Bauer, Philadelphia, Pa., for appellee, Wyse Technology.

Debra G. Buster (argued), Stephen M. Dorvee, Arnall, Golden & Gregory, Atlanta, Ga., Frederick C. Fletcher, II, Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellee, The Software Link, Inc.

Before SLOVITER, Chief Judge, and COWEN and WISDOM, Circuit Judges.

OPINION OF THE COURT

WISDOM, Circuit Judge:

The "Limited Use License Agreement" printed on a package containing a copy of a computer program raises the central issue in this appeal. The trial judge held that the terms of the Limited Use License Agreement governed the purchase of the package, and, therefore, granted the software producer, The Software Link, Inc. ("TSL"), a directed verdict on claims of breach of warranty brought by a disgruntled purchaser...

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