Office of Enterprise Risk Management

iTunes and iTunes U Click-Wrap Agreements

Many click-wrap agreements, the contract with a software provider that is agreed to when one clicks on the "agree" button while downloading software, contain clauses that UNCG should not enter into, at the direction of the State Attorney General's office http://www.uncg.edu/ucn/clickwraps/. These agreements are actually contracts and should only be agreed to by specific university leaders who are delegated the authority to sign contracts.

Because this type of contract is rather widespread and people often do not consider the consequences of the simple action of clicking to agree, the University Counsel's office has developed a procedure to assist the university community. It allows the risk related to these agreements to be mitigated as possible and accepted by senior leaders if the software is judged beneficial and the risk minimal.

Recently, two important and widely used software packages were added to the list as approved for university wide use. As part of the process to allow university leaders to understand the related risks, ERM assisted by gathering the knowledgeable parties, documenting the risks, their frequency and severity, and discussing mitigation possibilities. Taking risks are required to advance the university, and it is important to understand as many of the risks as possible before making a decision.