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M.A. MORTENSON CO. v. TIMBERLINE SOFTWARE CORPORATION

No. 67796-4.

998 P.2d 305 (2000)

140 Wash.2d 568

M.A. MORTENSON COMPANY, INC., Petitioner, v. TIMBERLINE SOFTWARE CORPORATION and Softworks Data Systems, Inc., Respondents.

Supreme Court of Washington, En Banc.

Decided May 4, 2000.

Reconsideration Denied July 11, 2000.

Attorney(s) appearing for the Case

Preston, Gates & Ellis, Robert B. Mitchell, Mark Wittow, Seattle, Amicus Curiae on Behalf of Business Software Alliance.

Oles, Morrison, Rinker & Baker, Bradley L. Powell, Seattle, Williams & Williams, Catherine C. Clark, Kenmore, Sheppad, Mullin, Richter & Hampton, Theodore Russell, San Francisco, CA, for Petitioner.

Peery, Hiscock, Pierson & Ryder, Charles E. Peery, Michael E. Ricketts, Groff & Murphy, Michael Porter Grace, Seattle, Laura P. Knechtel, Federal Way, for Respondents.

JOHNSON, J.

This case presents the issue of whether a limitation on consequential damages enclosed in a "shrinkwrap license" accompanying computer software is enforceable against the purchaser of the licensed software. Petitioner M.A. Mortenson Company, Inc. (Mortenson), a general construction contractor, purchased licensed computer software from Timberline Software Corporation (Timberline) through Softworks Data Systems...

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