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MOORE v. MICROSOFT CORPORATION

293 A.D.2d 587 (2002)

741 N.Y.S.2d 91

TEDDY MOORE, Appellant, v. MICROSOFT CORPORATION, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 15, 2002.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the End-User License Agreement (hereinafter the EULA) contained in the defendant's software program is a validly binding contract between the parties which bars the plaintiff's claims (see Brower v Gateway 2000, 246 A.D.2d 246). The terms of the EULA were prominently displayed on the program user's computer screen before the software could...

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