Missouri Court of Appeals, Eastern District / Oct 5, 2021
Corel Corporation, Appellant, vs. Ferrellgas Partners, L.P., Respondent.
Corel Corporation appealed the circuit court's judgment dismissing its petition against Ferrellgas Partners, L.P. for lack of jurisdiction. Corel, a software company, alleged Ferrellgas, a propane supplier, breached an End User License Agreement (EULA) by installing Corel's software on unlicensed computers. The appellate court affirmed the dismissal, holding that Corel could not unilaterally waive the forum selection clause in its EULA, the clause was not unfair or unreasonable, and it applied to Corel's non-contract claims.