TERMS AND CONDITIONS OF SALE AND L ICl'.NSE OF RADIO SHACK AND TANDY COMPUTER
EQUIPMENT AND SOFT WARE PURCHASED FROM A RADIO SHACK COMPANY-OWNED COMPUTER
CENTER, RETAIL S TORE OR FROM A RADIO SHACK FRANCHISEE OR DEALER AT ITS
AUTHORIZED LOCATION
LIMITED WARRANTY
I. CU STOMER OBLIGATION S
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 environ
ment in which the Equipment and Software are to function, and for its installation.
II. RADIO SHACK LIMITED WARRAN TIES 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 Equip
ment and the medium upon which the Software is stored is free from manufacturing defects. THIS
WARRANTY IS ONLY APPLICABLE TO PURCHASES OF RADIO SHACK AND TANDY 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 Com
puter 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 de
fect, 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
warranties of any nature on behalf of RADIO SHACK.
D.
AS PROVIDED HEREIN, RADIO SHACK MAKES NO EXPRESS WARRANTIES, AND ANY IM
PLIED WARRANTY OF MERCHANTABILITY OR FITNESS FDR 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.
Ill. 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 DAM
AGE CAUSED DR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY "EQUIPMENT" OR
''SOFTWARE'' SOLD, LEASED, LICENSED DR 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 "EQUIPMENT" QR
"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 WAR-
RANTY 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 Equip
ment 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)
ye
_
ars 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 limjtation 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 Software on one
com
puter, 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 pur
poses 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, CUS
TOMER 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 pur
chased 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
CUS
TOMER may have other rights which vary from state to state.
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