Ok - so, let's see what the guys that did the first shrinkwrap for Job and Wozniak state about licenses...
Info on Fenwick
https://en.wikipedia.org/wiki/Fenwick_%26_West where it states:
"Apple Computer: Apple was a very early client of the firm; the firm advised Steve Jobs and Steve Wozniak on the incorporation of the company and also advised Apple on the creation of the first shrinkwrap license agreement in 1976.[19][20]"
http://www.fenwick.com/FenwickDocuments/Patent_Licensing.pdfCheck out page 9:
"Licensor and Licensee Restrictions
While United States law generally leaves licensors and licensees unfettered in drafting
agreements as they see fit, the law does impose some limitations. These limitations
primarily prevent licensors from imposing terms in license agreements that are thought to
be contrary to public policy. For example, antitrust laws prevent licensors from requiring
licensees to purchase staple articles of commerce as a condition to obtaining a license to
patented technology. The motivation for such restriction is to prevent the licensor from
unduly expanding the market power conferred by the patent grant to effectively also control
unattended goods. Similarly, the doctrine of patent misuse is applied in certain situations
where a licensor imposes license fees that do not change as patents for the licensed
technology expire."
Also the section above it on Quiet Enjoyment - ya know - the bare minimum a slumlord has to give his section 8 tenants:
"“Quiet Enjoyment”
Licensees, having paid for the right to use licensed technology, generally seek to ensure that
nothing interferes with the benefits they have received. For example, licensees are concerned
with their ability to obtain assistance from the licensor in fixing defects that are discovered in
the technology, to have the right to fix the defects themselves if the licensor is unable to do
so, to obtain periodic upgrades and other maintenance services from the licensor, to transfer
their rights if they sell their business and to continue enjoying the technology even if the
licensor becomes bankrupt."