TERMS
AND CONDITIONS
OF SALE AND LICENSE
OF TANDY
COMPUTER EQUIPMENT
AND
SOFTWARE
PURCHASED FROM RADIO
SHACK
COMPANY-OWNED
COMPUTER CENTERS, RETAIL
STORES
AND RADIO SHACK
FRANCHISEES OR
DEALERS AT
THEIR AUTHORIZED
LOCATIONS
LIMITED
WARRANTY
I. CUSTOMER
OBLIGATIONS
„ ,„ j
A. CUSTOMER
assumes
full responsibility that
this computer
hardware purchased
(the "Equipment'
),
and
any
copies of 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.
LIMITED WARRANTIES
AND CONDITIONS
OF SALE
A. Foraperiod
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 It only applicable
to purchases
ol Tandy
Equipment by tha
original
customer from Radio Shack
company-owned
computer
centers, retail
stores, and Radio
Shack franchisees
and dealers at
their authorized locations
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 dunng
the stated warranty period,
the defective
Equipment must be
returned to a
Radio Shack Computer
Center, a
Radio Shack retail store, a
participating Radio
Shack franchisee
or a
participating 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,
a
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
EXPRESS WARRANTIES,
AND ANY IMPLIED
WARRANTY OF
MERCHANTABILITY
OR FITNESS FOR A
PARTICULAR
PURPOSE IS LIMITED IN
ITS DURATION
TO THE
DURATION OF
THE WRITTEN
LIMITED WARRANTIES SET
FORTH
HEREIN.
E. Some
states do not
allow limitations
on how long an
implied warranty
lasts,
so
the above
limitation(s) may not
apply to
CUSTOMER.
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
OAMAGES
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
HEREUNOER 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. SOFTWARE
LICENSE
RADIO SHACK grants to
CUSTOMER a
non-exclusive, paid-up
license to use the
TANDY 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
a
multiuser or
network system only if
either, the
Software
is
expressly labeled
to be
for use on a
multiuser or network system,
or one copy
of this software is
purchased for each node or
terminal on which
Software is to be used
simultaneously.
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 d
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
ail 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 ofthe
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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