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In a landmark case, the U.S. 2d Circuit Court of Appeals has held that "[W]here consumers are urged to download free software at the immediate click of a button, a reference to the existence of license terms on a submerged screen is not sufficient to place consumers on inquiry or constructive notice of those terms," which means that those terms of the license may not be enforceable.

If you have to click a button that specifically shows your assent to a license agreement, then you still may be subject to the terms of the agreement.

Read about Specht v. Netscape Communications Corp. at Law.com.