I.LAN SYSTEMS, INC. V NETSCOUT SERVICE LEVEL CORP. 183 F.Supp.2d 328 (D. Mass. 2002) CASE BRIEF

I.LAN SYSTEMS, INC. V NETSCOUT SERVICE LEVEL CORP.

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

NATURE OF THE CASE: I.Lan (P) sued Netscout (D) for breach of contract in that P claimed the contract included perpetual upgrades and unlimited support for D's software. D motioned for partial summary judgment.

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.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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