Adobe also alleged SoftMan of trademark violation by distributing incomplete versions of their software.
Since the purchaser pays a fixed fee to obtain the rights to use the software for an indefinite period of time and also accepts the risk commonly associated with a sale, the court determines the transactions between Adobe and SoftMan are sales.
However, the court declines to comment on the general issue of shrinkwrap licenses.
Adobe claims that the software sold by SoftMan is not genuine and is infringing on its trademark.
Adobe argues that the resold software lacks customer and technical support that comes with the original bundle.
SoftMan disputes this and claims individual software can be registered separately and receive support.