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TERMS AND
CONDITIONS OF
SALE AND LICENSE
OF RADIO SHACK COMPUTER
EQUIPMENT AND
SOFTWARE
PURCHASED
FROM A RADIO
SHACK COMPANY-OWNED
COMPUTER CENTER,
RETAIL STORE
OR FROM A
RADIO SHACK FRANCHISEE
OR DEALER AT
ITS AUTHORIZED
LOCATION
CUSTOMER OBLIGATIONS
LIMITED WARRANTY
A. CUSTOMER
assumes full responsibility
that this
Radio Shack
computer hardware purchased
(the "Equipment"),
and any copies of Radio
Shack software
included with
the Equipment or licensed
separately (the
"Software") meets
the specifications,
capacity, capabilities,
versatility,
and other
requirements
of CUSTOMER.
B. CUSTOMER assumes
full responsibility
for the condition
and effectiveness of
the operating environment
in which the
Equipment and Software
are to function, and
for its installation.
II.
RADIO SHACK LIMITED WARRANTIES AND CONDITIONS
OF SALE
A. For
a period of ninety
(90)
calendar
days
from
the date of the Radio
Shack sales document
received
upon purchase of the
Equipment, RADIO
SHACK warrants
to the original CUSTOMER
that the Equipment and the
medium upon which
the Software is
stored is free from
manufacturing
defects.
THIS WARRANTY
IS ONLY APPLICABLE
TO PURCHASES
OF RADIO SHACK
EQUIPMENT BY THE
ORIGINAL CUSTOMER
FROM
RADIO SHACK COMPANY-OWNED
COMPUTER
CENTERS, RETAIL
STORES AND FROM
RADIO SHACK
FRANCHISEES
AND DEALERS AT ITS
AUTHORIZED
LOCATION. The warranty
is void if the Equipment's
case or cabinet has
been opened, or if
the Equipment or Software
has been
subjected to improper
or abnormal
use. If a manufacturing
defect is discovered during
the stated warranty
period, the defective
Equipment
must
be returned to
a Radio Shack Computer
Center,
a
Radio Shack
retail store, participating
Radio Shack
franchisee or Radio
Shack dealer
for repair, along with
a
copy
of the sales
document or lease
agreement. The original
CUSTOMER'S sole
and exclusive remedy
in the event of
a defect is limited to
the correction of
the defect
by
repair, replacement,
or refund
of the purchase price,
at RADIO SHACK'S election
and sole
expense. RADIO
SHACK has no obligation
to replace or repair
expendable items.
B. RADIO
SHACK makes
no warranty
as to the design, capability,
capacity, or suitability
for use of the
Software, except
as provided in this
paragraph.
Software is
licensed on an
"AS IS" basis,
without warranty. The
original CUSTOMER'S
exclusive remedy, in
the event of
a
Software manufacturing
defect, is its repair
or replacement within
thirty
(30)
calendar
days of
the date of the Radio Shack
sales document
received
upon license
of the Software.
The defective Software
shall be returned to
a Radio Shack Computer
Center,
a
Radio Shack
retail store,
participating
Radio Shack
franchisee or Radio
Shack dealer along
with the sales
document.
C. Except as provided herein
no employee,
agent, franchisee,
dealer or other person is
authorized to give
any warranties of
any nature on behalf
of RADIO
SHACK.
D Except
as provided herein,
RADIO SHACK
MAKES NO WARRANTIES,
INCLUDING WARRANTIES
OF MERCHANTABILITY
OR FITNESS
FOR A
PARTICULAR
PURPOSE.
E. Some states
do not allow limitations
on how long
an implied warranty lasts,
so the above limitation(s)
may not apply
to CUSTOMER.
III.
LIMITATION OF
LIABILITY
A.
EXCEPT AS PROVIDED
HEREIN, RADIO
SHACK SHALL
HAVE NO LIABILITY OR RESPONSIBILITY
TO
CUSTOMER OR
ANY OTHER PERSON
OR ENTITY WITH
RESPECT TO ANY
LIABILITY,
LOSS OR DAMAGE CAUSED OR ALLEGED
TO
BE
CAUSED
DIRECTLY OR INDIRECTLY
BY
"EQUIPMENT" OR
"SOFTWARE"
SOLD, LEASED, LICENSED
OR FURNISHED BY
RADIO SHACK, INCLUDING,
BUT NOT LIMITED
TO ANY
INTERRUPTION
OF SERVICE,
LOSS OF BUSINESS
OR ANTICIPATORY PROFITS
OR CONSEQUENTIAL
DAMAGES RESULTING
FROM THE
USE OR
OPERATION OF THE
"EQUIPMENT"
OR "SOFTWARE". IN NO EVENT
SHALL RADIO SHACK
BE LIABLE FOR
LOSS OF PROFITS,
OR
ANY INDIRECT,
SPECIAL,
OR CONSEQUENTIAL
DAMAGES ARISING
OUT OF ANY BREACH
OF THIS WARRANTY
OR IN ANY MANNER
ARISING
OUT OF OR
CONNECTED WITH THE
SALE, LEASE, LICENSE,
USE OR ANTICIPATED
USE OF THE "EQUIPMENT"
OR "SOFTWARE".
NOTWITHSTANDING
THE ABOVE
LIMITATIONS AND
WARRANTIES, RADIO SHACK'S
LIABILITY
HEREUNDER FOR
DAMAGES INCURRED BY
CUSTOMER
OR OTHERS SHALL
NOT EXCEED THE
AMOUNT PAID BY CUSTOMER
FOR THE PARTICULAR
"EQUIPMENT"
OR "SOFTWARE"
INVOLVED.
B.
RADIO SHACK shall not
be liable for any
damages caused
by
delay in
delivering or furnishing
Equipment and/or
Software.
C. No
action arising
out of any claimed
breach of this Warranty
or transactions under this
Warranty may
be
brought
more than two
(2)
years
after
the cause of
action has accrued
or more than four
(4)
years after the
date
of
the Radio Shack sales
document for the Equipment
or
Software,
whichever first
occurs.
D. Some
states do not allow
the limitation
or exclusion of incidental or
consequential damages,
so the above limitation(s)
or exclusion(s) may
not apply to CUSTOMER.
IV.
RADIO SHACK SOFTWARE
LICENSE
RADIO SHACK
grants to CUSTOMER
a
non-exclusive,
paid-up license
to use the RADIO SHACK
Software on one computer,
subject to the following
provisions:
A.
Except as otherwise provided
in this
Software License, applicable
copyright laws shall apply
to the Software.
B. Title
to the medium on
which the Software
is recorded
(cassette and/or diskette) or stored
(ROM) is transferred
to CUSTOMER,
but
not
title to
the Software.
C. CUSTOMER
may use Software
on one host computer
and access that Software
through one or
more terminals if the
Software permits this
function.
D. CUSTOMER shall not
use, make,
manufacture, or reproduce
copies of Software
except for
use on one computer
and as is specifically
provided in
this Software License.
Customer is
expressly prohibited from disassembling
the Software.
E. CUSTOMER is
permitted to
make additional
copies of the Software
only for backup or archival
purposes or if additional
copies are required in
the operation
of one computer with
the Software,
but only to the extent
the Software allows
a backup
copy
to
be made. However, for
TRSDOS Software,
CUSTOMER is
permitted to make
a limited number of additional
copies for CUSTOMER'S
own use.
F.
CUSTOMER may resell
or distribute
unmodified
copies of the Software provided
CUSTOMER has purchased
one copy of the
Software for each
one sold or distributed.
The provisions
of this
Software License shall also
be
applicable
to third parties
receiving copies of
the Software from
CUSTOMER.
G.
All
copyright notices
shall be retained
on all copies of
the Software.
V.
APPLICABILITY OF
WARRANTY
A. The terms
and conditions of
this Warranty are
applicable as between RADIO
SHACK and CUSTOMER
to either
a
sale
of the Equipment and/or
Software
License to
CUSTOMER or to
a transaction whereby
RADIO SHACK sells or
conveys such Equipment
to a third party for lease
to
CUSTOMER.
B. The limitations
of liability and
Warranty provisions herein shall inure
to the benefit of RADIO
SHACK, the
author, owner and/or licensor
of the
Software and
any manufacturer of the
Equipment sold
by
RADIO
SHACK.
VI.
STATE LAW
RIGHTS
The
warranties granted
herein give the original
CUSTOMER specific legal rights,
and the original
CUSTOMER
may have other rights which
vary
from
state to
state.
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