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
subiected 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
mure 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 I
from
state to state
rights,
and the
original CUSTOMER
may
have
other rights which
vary
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