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
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CUSTOMER
OBLIGATIONS
LIMITED
WARRANTY
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A
CUSTOMER
assumes
full responsibility
that this Radio Shack computer
harcware 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
8 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
purcnase
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
fras
fjserr
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
francnisee
or
Radio Shack
dealer
for
repair,
along
with
a
copy of
the sales document or iease
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
scie
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 saies 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
limitations) may
not appiy
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 OAMAGE CAUSED OR
ALLEGED TO BE
CAUSED
DIRECTLY OR
INDIRECTLY
SY
"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.
0.
Some
states
do
not allow the limitation
or exclusion of
incidental
or consequential
damages,
so
the above
limitations) or exciusion(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.
0.
CUSTOMER shall
not use. make,
manufacture,
or
reprpduce 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.
All
copyright notices
shall
be retained
on
all copies
of
the
Software.
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.
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.
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.