Radio Shack TRS-80 Modem II - Page 3

Wad
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
$m
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)
mav
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 followinq
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
Mm